What does Focalpoint Coaching consider to be included in its Confidential Information?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
I agree that during the term of my employment by, ownership participation in, association with or service to Franchisee, or at any time thereafter, I will not communicate, divulge or use for the benefit of any other person, persons, partnership, proprietorship, association, corporation or entity, Company's proprietary and confidential information relating to the development and operation of FocalPoint Franchised Businesses, including but not limited to the following concerning FocalPoint Franchised Businesses: (1) site selection criteria; (2) training and operations materials and manuals; (3) sales, marketing and advertising programs and techniques; (4) client lists and records; (5) identity of suppliers, and knowledge of specifications and pricing for products, materials, supplies and equipment that Company authorizes; (6) knowledge of operating results and financial performance of businesses in the network, other than those franchised businesses that Franchisee owns; (7) computer systems and software programs; and (8) any and all other information Company provides to me, Franchisee, Franchisee's Owners or Affiliates that is designated orally or in writing as proprietary or confidential, or by its nature would reasonably be understood to be proprietary or confidential, regardless of whether such information is specifically designated as proprietary or confidential (collectively, all information referenced above, including examples (1) through (8), is known as the "Confidential Information").
Furthermore, any and all information, knowledge, know-how, techniques and information which the entities mentioned above (or their officers) designate as confidential is considered, and hereby acknowledged by me, to be Confidential Information for the purposes of this Agreement, except information which I can demonstrate came to my attention before disclosure or which had become or becomes a part of the public domain through publication or communication by others (unless the publication or communication violates a similar confidentiality agreement), but in no event through any act of mine.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, Confidential Information encompasses a wide array of proprietary details related to the operation of Focalpoint Coaching Franchised Businesses. This includes site selection criteria, training and operations manuals, sales, marketing, and advertising programs, client lists and records, and the identity of approved suppliers along with their product specifications and pricing.
Confidential Information also extends to knowledge of operating results and financial performance within the Focalpoint Coaching network, excluding the franchisee's own business. It covers computer systems and software programs, as well as any information provided by Focalpoint Coaching that is designated as proprietary or confidential, whether communicated orally or in writing. This broad definition ensures that any information that would reasonably be understood as confidential is protected, regardless of specific designation.
Furthermore, Focalpoint Coaching considers any information, knowledge, know-how, and techniques designated as confidential by the company or its officers to be Confidential Information. The franchisee acknowledges that they will not acquire any interest in the Confidential Information, other than the right to use it as specified by Focalpoint Coaching during the term of the agreement. This information is considered proprietary and includes Focalpoint Coaching's trade secrets, disclosed only under the condition that the franchisee agrees to maintain its confidentiality.
However, information is not considered Confidential Information if the franchisee can demonstrate it was already known to them, or if it has become part of the public domain through no fault of their own. The franchisee is obligated to prevent unauthorized use or disclosure of Confidential Information, including restricting its disclosure to necessary personnel and using non-disclosure agreements. Focalpoint Coaching retains the right to regulate the form of these agreements and act as a third-party beneficiary with independent enforcement rights.