What is included in the confidential information for a Focalpoint Coaching franchise?
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").
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 40–42)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, confidential information encompasses a wide array of proprietary details crucial to the operation and success of a Focalpoint Coaching franchise. This includes site selection criteria, training and operations manuals, and the specific methods, formats, and systems used in developing and running Focalpoint Coaching Franchised Businesses. Franchisees gain access to this information solely for operating their franchise during the agreement term and must protect it.
Confidential information also extends to marketing and advertising programs, knowledge of supplier specifications and pricing, proprietary computer software and related technology, and operating results and financial performance data from other Focalpoint Coaching franchises. Graphic designs, client communication programs, and all data generated from the Franchised Business, including client information and website data, are also considered confidential. Future business plans related to Focalpoint Coaching franchises are also included.
Furthermore, any information that Focalpoint Coaching designates as confidential or proprietary falls under this umbrella. Franchisees acknowledge that this confidential information is proprietary and includes Focalpoint Coaching's trade secrets. They are prohibited from using or divulging this information for the benefit of any other entity or person, both during and after their association with the franchise. This obligation extends to employees and anyone associated with the franchisee.
This broad definition of confidential information underscores the importance of maintaining secrecy to protect Focalpoint Coaching's competitive advantage and proprietary systems. Prospective franchisees should carefully review these confidentiality obligations and ensure they have the resources and commitment to safeguard this information.