Is the Individual allowed to divulge Focalpoint Coaching computer systems and software programs?
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 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, individuals are prohibited from divulging Focalpoint Coaching's computer systems and software programs. The agreement specifies that during the term of employment, ownership, or association with the franchisee, or at any time thereafter, the individual will not communicate, divulge, or use proprietary and confidential information for the benefit of any other entity. This restriction extends to computer systems and software programs related to Focalpoint Coaching franchised businesses.
This means that a franchisee, their employees, or anyone associated with the Focalpoint Coaching franchise is legally bound to protect the confidentiality of the computer systems and software programs. This obligation extends beyond the period of involvement with the franchise, meaning even after leaving the franchise, the individual cannot disclose this information. This is a standard practice in franchising to protect the franchisor's intellectual property and maintain a competitive advantage.
The FDD also states that all data and other information generated by, or used in, the operation of the Franchised Business, including client names, addresses, phone numbers and other information supplied by any client, and any other information contained at any time and from time to time in the Computer System or that visitors to the Franchised Business provide to the Website for the network of FocalPoint Franchised Businesses is considered confidential. The agreement emphasizes that franchisees do not acquire any ownership interest in the confidential information, but only have the right to use it as specified by Focalpoint Coaching during the term of the agreement.
Therefore, prospective Focalpoint Coaching franchisees should understand the importance of maintaining the confidentiality of the franchisor's computer systems and software programs. They should also ensure that their employees and associates are aware of and comply with these confidentiality obligations, as any breach could result in legal consequences.