What is a franchisee required to do regarding Floyds 99's proprietary information?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
We consider our Operations Manual and related materials and training materials to be a part of our Licensed Methods and any software that we may in the future develop as our proprietary and confidential property. You may use the Operations Manual only as described in the Franchise Agreement. We require that you maintain the confidentiality of our proprietary information and adopt reasonable procedures to prevent unauthorized disclosure of our trade secrets and proprietary information. Although we have not obtained a copyright registration, we own the copyright in our Operations Manual, poster wall, trade dress, product packaging and other works.
- b.
Cease to identify itself as a FLOYD'S 99 franchisee or publicly identify itself as a former Franchisee or use any of the Franchisor's trade secrets, signs, symbols, devices, trade names, trademarks or other materials;
- e.
Immediately deliver to the Franchisor the Operations Manual and all other information, software, documents and copies thereof which are proprietary to the Franchisor, including but not limited to, all client lists and related client information contained in computer databases or otherwise;
- f.
Promptly take such action as may be required to cancel all fictitious or assumed names or equivalent registrations relating to its use of any Marks which are under the exclusive control of the Franchisor or, at the option of the Franchisor, assign the same to the Franchisor;
Notify the telephone company and all telephone directory publishers of the termination or expiration of the Franchisee's right to use any telephone number and any regular, classified or other telephone directory listings associated with any Mark and to authorize transfer thereof to the Franchisor or its designee.
Franchisor shall retain the exclusive right to develop and control the content of all Electronic Advertising for the FLOYD'S 99 Shops. If the Franchisor permits the Franchisee to develop any Electronic Advertising, the Franchisee shall do so in strict compliance with the Franchisor's policies and rules regarding the creation, maintenance, use, publication and content of such Electronic Advertising as set forth in this Agreement or the Operations Manual. The Franchisee shall not publish any of the Franchisor's confidential information on the Internet, and the Franchisee shall not publish any of the Franchisor's copyrighted material or information containing the Marks or any of the Licensed Methods on the Internet without the Franchisor's prior written permission; nor shall the Franchisee assist any other party in doing so.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 43)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, franchisees must maintain the confidentiality of Floyds 99's proprietary information and implement reasonable procedures to prevent unauthorized disclosure of trade secrets and proprietary information. Floyds 99 considers its Operations Manual, related materials, training materials, and any software it may develop as proprietary and confidential. Franchisees are allowed to use the Operations Manual only as described in the Franchise Agreement.
Upon termination of the Franchise Agreement, the franchisee must cease using Floyds 99's trade secrets, signs, symbols, trade names, trademarks, or other materials. They must also deliver to Floyds 99 the Operations Manual and all other proprietary information, software, documents, and copies, including client lists and related client information. The franchisee is also required to take action to cancel any fictitious or assumed names related to the use of any marks under Floyds 99's exclusive control or assign them to Floyds 99.
Furthermore, franchisees must notify the telephone company and directory publishers of the termination of their right to use any telephone number and directory listings associated with any Floyds 99 mark, authorizing the transfer of these to Floyds 99. Floyds 99 retains the exclusive right to develop and control the content of all Electronic Advertising for Floyds 99 Shops. If a franchisee is permitted to develop any Electronic Advertising, they must strictly comply with Floyds 99's policies and rules and not publish any confidential information, copyrighted material, or information containing the Marks or Licensed Methods on the Internet without prior written permission.