Following termination of my Gokhale Method franchise, can I continue to use the Gokhale Method's confidential information?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
EXPIRATION
Upon termination or expiration of this Agreement for any reason, all rights granted hereunder to you shall forthwith terminate, and:
- 16.1. Cease Operations. You shall immediately cease to operate the Franchised Business, and shall not thereafter, directly or indirectly, represent to the public or hold yourself out as a present or former Gokhale Method Franchised Business. Immediately upon the expiration or termination hereof, you shall dispose of, and not transfer to anyone other than us, any Gokhale Method products, equipment or other items sold hereunder
- 16.2. Cease Use of Confidential Information and Marks. You shall immediately and permanently cease to use, in any manner whatsoever, any of our Intellectual Property, including but not limited to Confidential Information, methods, procedures and techniques associated with the System, and all Marks and distinctive forms, slogans, signs, symbols, colors, and devices associated with the System. In particular, you shall cease to use, without limitation, all signs, advertising materials, displays, stationery, forms, products and any other articles that display the Marks. You shall de-identify the Location of the Franchised Business so that there is no use or display of the Marks after the effective date of termination or expiration.
- 16.3. Cancellation of Registrations. You shall take such action as may be necessary to cancel any assumed name registration or equivalent registration obtained by you which contains the "Gokhale" word, or any other Marks, and you shall furnish us with evidence satisfactory to us of compliance with this obligation within five (5) days after termination or expiration of this Agreement.
- 16.4. Assignment of Lease. You shall, at our option, except in the event you continue to operate any other business you were operating from the same Location assign to us any interest which you have in any lease or sublease for the Location.
Source: Item 22 — CONTRACTS (FDD page 34)
What This Means (2024 FDD)
According to the 2024 Gokhale Method Franchise Disclosure Document, if your franchise agreement is terminated for any reason, you must immediately and permanently stop using any of Gokhale Method's intellectual property. This includes confidential information, methods, procedures, techniques, trademarks, distinctive forms, slogans, signs, symbols, colors, and devices associated with the Gokhale Method system.
Specifically, you are prohibited from using any signs, advertising materials, displays, stationery, forms, products, or other items that display Gokhale Method's trademarks. You must also remove any identification of the franchised business location to ensure there is no use or display of the marks after the termination date. Additionally, you must cancel any assumed name registrations that include the word "Gokhale" or any other Gokhale Method trademarks and provide evidence of this cancellation to Gokhale Method within five days of termination.
This obligation to protect Gokhale Method's confidential information extends beyond the termination of the franchise agreement. Even after the agreement ends, you are not allowed to disclose any information designated as "Confidential," including the Teachers' Manual, teaching scripts, policy statements, know-how, techniques, proprietary software, and any other non-public information provided to you by Gokhale Method. This is a standard practice in franchising to protect the brand's proprietary knowledge and maintain a competitive advantage.