How does the Kidokinetics Confidentiality Agreement define 'Manual'?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
"Manual" means our confidential operations manual for the operation of a Kidokinetics Business.
"Marks" means the logotypes, service marks, and trademarks now or hereafter involved in the operation of a Kidokinetics Business, including "KIDOKINETICS" and any other trademarks, service marks, or trade names that we designate for use by a Kidokinetics Business.
The term "Marks" also includes any distinctive trade dress used to identify a Kidokinetics Business, whether now in existence or hereafter created.
- "System" means our system for the establishment, development, operation, and management of a Kidokinetics Business, including Know-how, proprietary programs and products, confidential operations manuals, and operating system.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, the Confidentiality Agreement defines the 'Manual' as the confidential operations manual for operating a Kidokinetics business. This manual may be periodically modified by Kidokinetics.
The Confidentiality Agreement emphasizes the importance of protecting Kidokinetics' intellectual property, which includes the Manual. The agreement states that protecting the Intellectual Property is vital to the success of Kidokinetics and its franchisees. Employees, independent contractors, agents, representatives, or suppliers of a Kidokinetics franchisee may gain knowledge of Kidokinetics' Intellectual Property, and could seriously jeopardize the Franchise System if they were to use such Intellectual Property in any way other than as described in the Confidentiality Agreement.
As a Kidokinetics franchisee, you are required to operate your business in accordance with the Franchise Operations Manual. Kidokinetics will loan you a copy of the Manual, which contains trade secrets and confidential information. You must keep the Manual confidential during the term of the franchise agreement and even after its expiration, non-renewal, termination, or transfer. Kidokinetics retains the right to modify the Manual from time to time, and you are obligated to comply with any updates, revisions, modifications, or amendments no later than 30 days after notification, at your sole expense.