Are there any current proceedings involving Fitstop's copyrighted materials?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
There are no current determinations, proceedings or litigation involving any of our copyrighted materials. If you learn that any unauthorized third party is using any of our copyrighted materials, we request that you notify 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discretion, and may require that you cease using any outdated copyrighted material.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.
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, there are currently no determinations, proceedings, or litigation involving any of Fitstop's copyrighted materials. Fitstop does claim common law copyright and trade secret protection for several aspects of the franchise system. These include Fitstop's manuals, training materials, advertising, and business materials. Fitstop's affiliate, Fitstop IP Pty Limited (TM Owner), owns these intellectual property rights and licenses them to Fitstop.
Fitstop requests that franchisees notify them if they learn of any unauthorized third party using Fitstop's copyrighted materials. Fitstop retains the right to revise its system and copyrighted materials at its discretion and may require franchisees to stop using outdated copyrighted material. Franchisees are responsible for printing any revised or new advertising, marketing, or other business materials.
During the Franchise Agreement term and afterward, franchisees must maintain the confidentiality of trade secrets and copyrighted materials. This includes methods, techniques, and know-how concerning the franchised business operation. Confidential information can only be shared with employees who need access to fulfill their job obligations. Franchisees must ensure that their Designated Manager and personnel with access to confidential information sign a Confidentiality and Non-Competition Agreement, which identifies Fitstop as a third-party beneficiary with independent enforcement rights.