What is considered 'Confidential Information' for a Kidokinetics franchise?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee and any Principal acknowledge and accept that, during the term of this Agreement, Franchisee and any Principal will have access to Franchisor's trade secrets, including, but not limited to: methods, processes, customer lists, vendor partnerships and/or relationships, sales and technical information, costs, service prices, software tools and applications, website and/or email design, products, services, equipment, technologies and procedures relating to the operation of the Kidokinetics Business; systems of operation, services, programs, procedures, policies, standards, techniques, requirements and specifications which are part of the System; the Franchise Operations Manual; methods of advertising and promotion; instructional materials; marketing plans, business methods, research, development or know-how; any other information which Franchisor may or may not specifically designate as "confidential" or "proprietary", and the components of the System, whether or not such information is prote
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 38–39)
What This Means (2024 FDD)
According to the 2024 Kidokinetics Franchise Disclosure Document, Confidential Information includes a broad spectrum of proprietary assets and trade secrets critical to the Kidokinetics business model. This encompasses methods, processes, customer lists, vendor partnerships and relationships, sales and technical data, costs, service prices, software tools, website and email designs, products, services, equipment, technologies, and operational procedures. It also extends to the systems of operation, service programs, procedures, policies, standards, techniques, requirements, and specifications integral to the Kidokinetics system.
Furthermore, the Franchise Operations Manual, advertising and promotion methods, instructional materials, marketing plans, business methods, research, development, and know-how are all considered Confidential Information, irrespective of whether Kidokinetics specifically designates them as such. This definition is comprehensive, covering all components of the Kidokinetics system, whether or not they are protected by patent, copyright, trade secret, or other proprietary rights. Franchisees must treat the Franchise Operations Manual and any written directives from Kidokinetics as confidential, maintaining them as trade secrets.
Kidokinetics requires franchisees to take all necessary steps to protect this Confidential Information and to notify Kidokinetics immediately if any information is divulged in violation of the agreement. This obligation extends beyond the term of the Franchise Agreement, remaining perpetually binding on the franchisee and any principals involved. This ensures that the proprietary knowledge and systems developed by Kidokinetics remain exclusive and are not used to benefit competitors, safeguarding the brand's competitive edge.