Is the Individual allowed to divulge Focalpoint Coaching training and operations materials and manuals?
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, individuals associated with a Focalpoint Coaching franchise (including employees, owners, and participants) are prohibited from divulging the company's confidential information. This restriction applies both during their association with the franchise and at any time thereafter. The confidential information includes, but is not limited to, training and operations materials and manuals related to Focalpoint Coaching franchised businesses.
This means a franchisee, their employees, or anyone associated with the Focalpoint Coaching franchise cannot share, communicate, or use the training and operations manuals for the benefit of any other person or entity. This restriction is in place to protect Focalpoint Coaching's proprietary information and maintain a competitive advantage. The FDD also states that individuals cannot copy, duplicate, record, or reproduce any of the confidential information or material, store them in a computer retrieval or database, or make them available to any unauthorized person.
The Franchisee acknowledges that they will not acquire any interest in Confidential Information, other than the right to use it as Focalpoint Coaching specifies in operating the Franchised Business during the agreement's term. The disclosure of such information could lead to legal repercussions and damage the Focalpoint Coaching brand. This is a fairly standard clause in franchise agreements across various industries, as franchisors need to protect their intellectual property and operational methods.
Prospective franchisees should carefully consider these restrictions and ensure they understand the scope of confidential information and their obligations to protect it. This includes implementing appropriate safeguards to prevent unauthorized access or disclosure by employees or other parties associated with the Focalpoint Coaching franchise. Franchisees should also be aware of the potential consequences of violating these confidentiality provisions, which could include termination of the franchise agreement and legal action.