Where can the then-current form of Confidentiality and Non-Competition Agreement for Fitstop be found?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
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, the then-current form of the Confidentiality and Non-Competition Agreement is located in the then-current manuals or form of franchise agreement. Fitstop requires the franchisee's Designated Manager and any personnel with access to confidential information to sign this agreement.
This agreement ensures that these individuals maintain the confidentiality of the information they receive during their employment with the Fitstop franchise. It also restricts their ability to work for a competitor while employed by the franchisee. Fitstop is identified as a third-party beneficiary in this agreement, granting them independent enforcement rights.
For a prospective Fitstop franchisee, this means they must ensure their Designated Manager and relevant personnel sign the Confidentiality and Non-Competition Agreement. This is a standard practice in franchising to protect the franchisor's confidential information and trade secrets. Franchisees should carefully review the agreement and understand its implications for their employees. It is also important to note that the agreement will be in a form that Fitstop prescribes.