What specific materials related to the Gokhale Method are claimed to be protected by copyright and trade secret?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
-copy form.
- 10.2. Intellectual Property. You recognize and agree that the Gokhale Method is comprised of intellectual property, trade secrets, and proprietary information that we own. You agree that we own that property and you will not dispute our ownership.
- 10.3. Confidentiality. We may designate any information provided to you as "Confidential," and you agree that you will not disclose it, during or after this agreement, except as we may, in writing, permit you to do so. Included in our Confidential Information are the Teachers' Manual; teaching scripts and Policy Statements; the information, know-how and techniques that we have imparted to you; proprietary software; and any other information we have provided to you that is not available to the general public.
- 10.4. Changes and Revisions. We may from time to time revise the contents of the Teachers' Manual, Policy Statements, scripts and any other teaching methods or content, and you expressly agree to comply with each new or changed standard.
- 10.5. Irreparable injury. You acknowledge that any failure to comply with the requirements of this Section 10 will cause us irreparable injury, and you agree to pay all court costs and reasonable attorneys' fees incurred by us in obtaining specific performance of, or an injunction against violation of, the requirements of this Section 10, or such other relief sought by us.
- 10.6. Ideas and Concepts.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 25–26)
What This Means (2024 FDD)
According to Gokhale Method's 2024 Franchise Disclosure Document, the franchisor considers the Gokhale Method to be comprised of intellectual property, trade secrets, and proprietary information that they own. Franchisees acknowledge this ownership and agree not to dispute it. Gokhale Method may designate any information provided to the franchisee as "Confidential," preventing disclosure during or after the agreement, unless written permission is granted.
The confidential information includes the Teachers' Manual, teaching scripts, Policy Statements, information, know-how, techniques imparted to the franchisee, proprietary software, and any other information not available to the general public. Gokhale Method retains the right to revise the Teachers' Manual, Policy Statements, scripts, and teaching methods, requiring franchisees to comply with these changes.
Franchisees must disclose any ideas, concepts, methods, techniques, or materials developed related to improving posture, reducing back pain, improving physical well-being, or otherwise related to the Gokhale Method. Gokhale Method can then use these ideas at their discretion without needing franchisee approval or providing compensation. This clause emphasizes the franchisor's control over the Gokhale Method and its continuous development, potentially limiting a franchisee's ability to independently innovate and profit from related improvements.