What is the definition of 'Know-How' as it relates to the Floyds 99 franchise?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
Developer and Franchisor acknowledge that the distinctive business format, plans, methods, data, processes, marketing systems, manuals, product formulas, techniques, designs, layouts, operating procedures, trademarks, proprietary marks and information and know-how of Franchisor which are developed and utilized in connection with the Licensed Methods are proprietary and confidential ("Confidential Information").
Such Confidential Information is unique, exclusive property and a trade secret of Franchisor and has valuable goodwill associated with it.
Developer acknowledges that any unauthorized disclosure or use of the Confidential Information would be wrongful and would cause irreparable injury and harm to Franchisor.
It is understood that Confidential Information is deemed to include, without limitation, clients lists, vendor lists, product formulas, any and all information contained in the Operations Manual (as described in the Franchise Agreement), and any information of whatever nature which gives Franchisor and its affiliates an opportunity to obtain an advantage over its competitors who do not have access to, know or use such lists, written materials, formulas or information.
Developer further acknowledges that Franchisor has expended a great amount of effort and money in obtaining and developing the Confidential Information, that Franchisor has taken numerous precautions to guard the secrecy of the Confidential Information, that it would be very costly for competitors to acquire or duplicate the Confidential Information and that any unauthorized disclosure of such Confidential Information shall cause irreparable harm to Franchisor.
Consequently, Developer shall not at any time, publish, disclose, divulge or in any manner communicate to any person, firm, corporation, association, partnership or any other entity whatsoever or use, directly or indirectly, for its own benefit or for the benefit of any person, firm, corporation or other entity other than for the use of Franchisor or the FLOYD'S 99 Shop(s) developed under this Agreement, any of the Confidential Information of Franchisor or its affiliates.
Franchisor and Developer agree that the Confidential Information does not include information that is generally available to the public.
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, 'know-how' is considered proprietary and confidential information that is developed and utilized in connection with the Licensed Methods of the Floyds 99 business. This includes the distinctive business format, plans, methods, data, processes, marketing systems, manuals, product formulas, techniques, designs, layouts, and operating procedures. Floyds 99 considers this 'know-how' to be a trade secret with valuable goodwill associated with it.
Floyds 99 emphasizes that unauthorized disclosure or use of this confidential information would be wrongful and cause irreparable harm to the company. The confidential information includes client lists, vendor lists, product formulas, and all information contained in the Operations Manual, as well as any information that gives Floyds 99 an advantage over competitors who do not have access to or knowledge of such information.
Floyds 99 has invested significant effort and money in developing this confidential information and has taken precautions to protect its secrecy. Competitors would find it costly to acquire or duplicate this information. Therefore, franchisees are prohibited from disclosing or using this confidential information for their own benefit or for the benefit of any entity other than Floyds 99 or the franchised shops developed under the agreement. Information generally available to the public is excluded from confidential information.