When does the obligation to not communicate, divulge, or use confidential information begin for Focalpoint Coaching?
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, the obligation to protect confidential information begins during the term of employment, ownership participation, association, or service to the franchisee. This obligation extends beyond the term of the relationship with the franchisee.
This means that from the moment a person becomes involved with a Focalpoint Coaching franchise, whether as an employee, owner, or in any other service capacity, they are bound to protect the confidential information of the company. This includes, but is not limited to, information regarding site selection, training materials, marketing techniques, client lists, supplier information, operating results, and computer systems.
The agreement specifies that this obligation continues even after the relationship with the Focalpoint Coaching franchise ends. This indefinite protection of confidential information is a standard practice in franchising to safeguard the franchisor's proprietary information and maintain a competitive advantage. Franchisees and their personnel must understand that this is a long-term responsibility.
It is important for prospective Focalpoint Coaching franchisees to ensure that all individuals associated with their franchise are aware of and agree to these confidentiality terms. This includes implementing procedures to prevent unauthorized use or disclosure of confidential information, such as using non-disclosure agreements with employees and other personnel.