Does the Hydrodog Franchise Disclosure Document include Exhibit F, the Confidentiality, Non-Solicitation and Non-Competition Agreement?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) Will not make unauthorized copies of any Confidential Information disclosed via electronic medium or in written or other tangible form; and
- (d) will adopt and implement all reasonable procedures that we periodically prescribe to prevent unauthorized use or disclosure of Confidential Information, including, without limitation, restricting its disclosure to Franchised Business personnel and others needing to know such Confidential Information to operate your HydroDog Business, and requiring all employees and independent contractors having access to Confidential Information to sign confidentiality and non-competition agreements in a form acceptable to us. We have the right to regulate the form of confidentiality and non-competition agreement that you use and to be a third-party beneficiary of that agreement with independent enforcement rights.
You must disclose to us all ideas, techniques, services and products concerning the development and operation of your HydroDog Business that you or your employees conceive or develop during the term of this Agreement. You must grant to us and agree to obtain from your owners, employees, contractors, and agents a perpetual, irrevocable, royalty-free, non-exclusive, transferable, and worldwide right to use, modify, exploit, and sublicense these ideas, techniques, innovations, improvements and products concerning the development and operation of Franchised Business that you or your employees, contractors, or agents conceive or develop during the term of this Agreement in all pet-related product and service businesses. We will have no obligation to make any lump sum or on-going payments to you with respect to any idea, concept, method, technique or product. You must agree that you will not use nor will you allow any other person or entity to use any of these ideas, techniques or products without obtaining our prior written approval. Such ideas, techniques, services and products will be deemed to be our sole and exclusive property, part of the System, and works made-for-hire for us. To the extent any item does not qualify as a "work made-for-hire" for us, by this paragraph you assign ownership of that item, and all related rights to that item, to us and agree to sign whatever assignment or other documents we request to evidence our ownership or to help us obtain intellectual property rights in the item.
Source: Item 23 — RECEIPTS (FDD pages 43–166)
What This Means (2025 FDD)
Based on the 2025 Hydrodog Franchise Disclosure Document, Item 23 discusses confidentiality, non-solicitation, and non-competition agreements, indicating their importance in the franchise relationship. Specifically, Hydrodog requires franchisees to ensure that their personnel and independent contractors sign confidentiality and non-competition agreements in a form acceptable to Hydrodog. Hydrodog retains the right to regulate the form of these agreements and act as a third-party beneficiary with independent enforcement rights.
The FDD also states that franchisees must disclose any ideas, techniques, services, and products related to the Hydrodog business that they or their employees develop during the agreement term. Hydrodog is granted a perpetual, irrevocable, royalty-free, non-exclusive, transferable, and worldwide right to use these innovations. This clause ensures that Hydrodog can incorporate franchisee-developed improvements into the broader system without additional compensation to the franchisee.
While Item 23 extensively covers the requirements and obligations related to confidentiality and non-competition, it does not explicitly confirm whether a standard Confidentiality, Non-Solicitation, and Non-Competition Agreement is included as Exhibit F. A prospective franchisee should verify with Hydrodog if Exhibit F exists and obtain a copy to fully understand the specific terms and conditions of these agreements.