What is the Individual agreeing to regarding the Company's proprietary and confidential information relating to the development and operation of Focalpoint Coaching Franchised Businesses?
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.
I specifically understand that, without limitation, all the above items, concepts, and/or examples contained in the preceding paragraph constitute Confidential Information of Company, and I will not divert any business to competitors of Franchisee and/or Company. I will at no time copy, duplicate, record or otherwise reproduce any of the Confidential Information or material containing it, in whole or in part, store them in a computer retrieval or database, nor otherwise make the them available to any unauthorized person.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Focalpoint Coaching's 2025 Franchise Disclosure Document, an individual associated with a franchisee agrees to protect the company's confidential information both during and after their involvement with the franchise. This includes not communicating, divulging, or using this information for the benefit of any other entity. The agreement covers various aspects of the Focalpoint Coaching business, such as site selection criteria, training materials, marketing programs, client lists, supplier information, operating results, and computer systems.
The agreement specifically identifies numerous categories of information as confidential, including methods, formats, specifications, standards, systems, procedures, sales and marketing techniques, knowledge, and experience used in developing and operating FocalPoint Franchised Businesses. It also includes marketing, promotional and advertising research and programs, knowledge of specifications for and suppliers of Operating Assets, Proprietary Products, and other products and supplies, including supplier pricing and related terms. The individual acknowledges that all information designated as confidential is proprietary and includes Focalpoint Coaching's trade secrets.
Furthermore, the individual agrees not to engage in any competitive business during their association with Focalpoint Coaching, which could harm the company's interests in its confidential information, trademarks, or goodwill. This restriction extends to various roles, including proprietor, partner, investor, or employee. Upon termination of their involvement, the individual must return all confidential information and refrain from contacting Focalpoint Coaching clients. They are also restricted from participating in a competitive business within a specified geographic area for a period of two years. These provisions are deemed necessary to protect Focalpoint Coaching's interests under the Franchise Agreement.