What are some examples of 'Confidential Information' as defined in the Goldfish Swim School agreement?
Goldfish_Swim_School Franchise · 2025 FDDAnswer from 2025 FDD Document
For the purposes of this Agreement "Confidential Information" means without limitation, business practices; copyrighted materials; trademarks; patents; applications; trade secrets; trade dress; instructional materials; descriptions of Goldfish's products and services; proposed products and services; computer software and hardware utilized by the System (as herein defined) and all information contained on such computer hardware and software; all data collected from customers and potential customers in connection with the Franchised Swim School; all Customer Personal Data; advertising materials; business plans; swim programs; swim curriculum and training manuals; employee compensation plans; identities of suppliers, customers and prospective customers; all specifications, sources of supply (or prospective sources) and all information pertaining to same (including wholesale pricing structures, contents of sourcing agreements and identity of suppliers), all procedures, systems, techniques and activities employed by Company or Franchisee in the offer and sale of products and/or services at or from the Franchised Swim School; prices and pricing policies; financial data; computer programs and software; floor plans; development schedules; development plans; systems; operations and procedures; the Company's Confidential Brand Standards Manual; Franchisee's final plans for construction, build-out, design, renovation, décor, equipment, signage, furniture, fixtures, and trade dress of the Franchised Swim School; and all other information provided to the Franchisee Parties from Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 77–389)
What This Means (2025 FDD)
According to the 2025 Goldfish Swim School FDD, 'Confidential Information' encompasses a wide array of proprietary assets and data crucial to the operation and competitive advantage of the franchise system. This includes, but is not limited to, business practices, copyrighted materials, trademarks, patents, trade secrets, trade dress, instructional materials, and descriptions of Goldfish Swim School's products and services. Proposed products and services also fall under this umbrella, indicating that future innovations and plans are to be protected.
Furthermore, the definition extends to the technology and data infrastructure of the franchise. This covers computer software and hardware utilized by the Goldfish Swim School system, along with all information contained within these systems. Critically, all data collected from customers and potential customers, including Customer Personal Data, is considered confidential. This highlights the importance of data protection and privacy compliance for franchisees. Advertising materials, business plans, swim programs, curriculum, training manuals, and employee compensation plans are also included, reflecting the comprehensive nature of confidential business operations.
In practical terms, a Goldfish Swim School franchisee must treat all of these elements with utmost care, preventing unauthorized access or disclosure. This obligation extends not only during the franchise term but also after its expiration or termination. The FDD specifically calls out identities of suppliers, customers, and prospective customers, along with specifications, sources of supply, pricing structures, sourcing agreements, and supplier identities. It also includes all procedures, systems, techniques, activities, prices, pricing policies, financial data, computer programs, software, floor plans, development schedules, development plans, systems, operations and procedures, and the Confidential Brand Standards Manual. Franchisee's final plans for construction, build-out, design, renovation, décor, equipment, signage, furniture, fixtures, and trade dress of the Franchised Swim School are also considered confidential. This broad definition underscores the need for franchisees to implement robust security measures and training programs to safeguard this information and maintain the integrity of the Goldfish Swim School brand.