Can Fitstop revise its system and copyrighted materials?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
fy us of such unauthorized use. We may revise our System and any of our copyrighted materials in our
discretion, and may require that you cease using any outdated copyrighted material. You will be responsible for printing any revised or new advertising, marketing or other business materials.
During the term of the Franchise Agreement, you will receive information which we consider trade secrets and confidential information. You may not, during the term of the Franchise Agreement or any time after that, communicate, divulge, or use for the benefit of any other person, partnership, association, corporation, or limited liability company any of these trade secrets, copyrighted materials, methods and other techniques and know-how concerning the operation of the Franchised Business (the "Confidential Information"). You may divulge such Confidential Information only to your employees who must have access to it in order to fulfil their employment obligations.
You must require your Designated Manager and any personnel having access to any of our Confidential Information to sign our then-current form of Confidentiality and Non-Competition Agreement set forth in our then-current Manuals or form of franchise agreement, where these individuals agree that they will maintain the confidentiality of information they receive in connection with their employment and restrict their right to work for a competitor while they are employed by you. This confidentiality agreement, which will be in a form that we prescribe, will identify us as a third-party beneficiary to the agreement and will give us independent enforcement rights.
The Franchise Agreement provides that if you, your employees, or principals develop any new concept, process or improvement in the operation or promotion of any System Business, you will promptly notify us and provide us with all necessary related information, without compensation. Any new concept, process or improvement will become our sole property and we will be the sole owner of all patents, patent applications, trademarks, copyrights and other intellectual property rights related to such new concepts. You and your principals will assign to us any rights you may have or acquire in new concepts you or your employees develop, including the right to modify such concept, process or improvement, and otherwise will waive and/or release all rights of restraint and moral rights to any new concepts you or your employees develop.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 38–40)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, Fitstop has the discretion to revise its system and copyrighted materials. This includes the ability to modify, revise, and supplement any of their manuals and other copyrighted materials. Fitstop can also require franchisees to stop using any outdated items or portions of the manuals. Franchisees are responsible for printing any revised or new advertising, marketing, or other business materials.
This means that as a Fitstop franchisee, you must stay updated with any changes Fitstop makes to its operating procedures, training materials, and marketing strategies. You are obligated to implement these changes in your franchise. Failure to comply with these revisions could result in a breach of the franchise agreement.
Furthermore, any new concepts, processes, or improvements developed by a franchisee, their employees, or principals in the operation or promotion of the Fitstop system become the sole property of Fitstop. Franchisees are required to notify Fitstop of such developments and provide all necessary related information without compensation. Fitstop will own all intellectual property rights related to these new concepts, and franchisees must assist Fitstop in obtaining and enforcing these rights.