Are vendor partnerships considered part of Fly Fitness's Confidential Information?
Fly_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
During the term of the Franchise Agreement, you may have access to and become acquainted with our trade secrets, including, but not limited to, methods, formulas, processes, customer lists, vendor partnerships and/or relationships, sales and technical information, costs, product prices and names, software tools and applications, website and/or email design, products, services, equipment, technologies and procedures relating to the operation of your Fly Fitness outlet; systems of operation, services, programs, products, procedures, policies, standards, techniques, requirements and specifications which are part of the System; the Operations Manual; methods of advertising and promotion; instructional materials; marketing plans, business methods, research, development or know-how, any other information which we may or may not specifically designate as "confidential" or "proprietary", and the components of our System whether or not such information is protected or protectable by patent, copyright, trade secret or other proprietary rights (collectively called the "Confidential Information"). You agree that you will take all reasonable measures to maintain the confidentiality of all Confidential Information in your possession or control and that all such Confidential Information and trade secrets shall remain our exclusive property. You may never (during the Initial Term, any Renewal Term, or after the Franchise Agreement expires or is terminated) reveal any of our confidential information to another person or use it for any other person or business. You may not copy any of our Confidential Information or give it to a third party except as we authorize in writing to you prior to any dissemination. Your personnel who have access to our Confidential Information must sign our Confidentiality/Non-Competition Agreement (Franchise Agreement, Attachment 8).
You must promptly tell us when you learn about unauthorized use of any Confidential Information. We are not obligated to take any action but will respond to this information as we think appropriate.
We will indemnify you for losses brought by a third party concerning your use, in strict compliance with the Franchise Agreement, of the Confidential Information.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 32–33)
What This Means (2024 FDD)
According to Fly Fitness's 2024 Franchise Disclosure Document, vendor partnerships are considered part of their Confidential Information. During the term of the Franchise Agreement, franchisees may access trade secrets, including methods, customer lists, vendor partnerships, sales and technical information, costs, product prices, software, website design, equipment, technologies, systems of operation, programs, products, procedures, policies, standards, techniques, requirements, specifications, the Operations Manual, advertising methods, instructional materials, marketing plans, business methods, research, development, know-how, and any other information not specifically designated as confidential.
As a Fly Fitness franchisee, you must take reasonable measures to maintain the confidentiality of all Confidential Information and understand that it remains the exclusive property of Fly Fitness. Franchisees are prohibited from revealing any confidential information to another person or using it for any other business, both during and after the term of the Franchise Agreement. Copying or providing Confidential Information to a third party is also prohibited without prior written authorization from Fly Fitness.
Fly Fitness requires that personnel with access to Confidential Information sign a Confidentiality/Non-Competition Agreement. Franchisees must promptly inform Fly Fitness of any unauthorized use of Confidential Information. Fly Fitness is not obligated to take action but will respond as they deem appropriate. Fly Fitness will indemnify franchisees for losses from third-party claims related to the use of Confidential Information, provided it is in strict compliance with the Franchise Agreement.