Is the information in the Itan manual considered confidential and proprietary?
Itan Franchise · 2025 FDDAnswer from 2025 FDD Document
"Manual" means our confidential brand standards manual for the operation of a Salon.
"Marks" means and includes all service marks, trademarks, trade names and logos that we designate from time to time and authorize Salons to use, including iTAN®, iTAN SUN SPRAY SPA® and the associated logos.
"Confidential Information" means and includes: (a) Know-How; (b) Business Data; (c) information in the Manual or comprising the System; (d) terms of the Franchise Agreement (and related agreements) signed by Franchisee in connection with the Salon; and (e) all other concepts, ideas, trade secrets, financial information, marketing strategies, expansion strategies, studies, supplier information, customer information, franchisee information, investor information, flow charts, inventions, mask works, improvements, discoveries, standards, specifications, formulae, recipes, designs, sketches, drawings, policies, processes, procedures, methodologies and techniques, together with analyses, compilations, studies or other documents that are: (i) designated as confidential; (ii) known by you to be considered confidential by us; and/or (iii) reasonably to be considered confidential due to their nature.
Source: Item 23 — RECEIPT (FDD pages 44–190)
What This Means (2025 FDD)
According to Itan's 2025 Franchise Disclosure Document, the information contained in the Itan brand standards manual is considered confidential. The FDD defines the "Manual" as "our confidential brand standards manual for the operation of a Salon." This indicates that Itan considers the contents of the manual to be proprietary and not for public dissemination.
Furthermore, the Confidentiality Agreement included as Attachment "G" to the franchise agreement reinforces this. It defines "Confidential Information" to include "information in the Manual or comprising the System." This agreement requires franchisees, their employees, and independent contractors to maintain the confidentiality of this information, preventing unauthorized use or disclosure.
This means that a prospective Itan franchisee must understand that the operating procedures, brand standards, and other details outlined in the manual are trade secrets. They are legally obligated to protect this information and prevent it from being accessed or used by unauthorized parties. Failure to comply with these confidentiality obligations could result in legal action from Itan.