What is the Kidokinetics franchisee's responsibility regarding other confidential communications provided by the franchisor?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.1.2. Franchisee and any and all Principals shall, at all times, treat the Franchise Operations Manual, any written directives of Franchisor, and any other manual and materials, and the information contained therein, as confidential and shall maintain such information as trade secrets and confidential in accordance with this Article and this Agreement. Franchisee and Franchisee's Principals, if any, shall not divulge and make such materials available to anyone other than those of Franchisee's employees who require the information contained therein to operate the Kidokinetics Business. Franchisee and Franchisee's Principals, if any, may not at any time copy, duplicate, record or otherwise reproduce these materials, in whole or in part, or otherwise make the same available to any person other than those authorized above, without Franchisor's prior written consent.
- 18.1.3. The Franchise Operations Manual, written directives, and other materials and any other confidential communications provided or approved by Franchisor will at all times remain the sole property of Franchisor. Franchisee shall maintain the Franchise Operations Manual at all times in a safe and secure location, take all reasonable measures to prevent unauthorized access to the Franchise Operations Manual, whether any attempted unauthorized access takes the form of
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, franchisees must treat the Franchise Operations Manual, any written directives from Kidokinetics, and any other manuals and materials, including the information within them, as confidential. This information must be maintained as trade secrets. Franchisees can only share these materials with employees who need the information to operate the Kidokinetics business. Franchisees are prohibited from copying, duplicating, recording, or reproducing these materials, either in whole or in part, or making them available to unauthorized individuals without Kidokinetics's prior written consent.
Kidokinetics requires franchisees to keep the Franchise Operations Manual in a safe and secure location and take all reasonable steps to prevent unauthorized access. This applies to any confidential communications provided or approved by Kidokinetics, which remain the sole property of Kidokinetics. If the Franchise Operations Manual is provided in a non-paper format, the franchisee is responsible for any costs associated with accessing and using it.
These obligations extend beyond just the Franchise Operations Manual to include any other confidential communications from Kidokinetics. This means a franchisee must safeguard all forms of proprietary information, whether it's in a manual, a written directive, or any other approved material. This ensures the protection of Kidokinetics's trade secrets and maintains the integrity of the Kidokinetics system. Franchisees must adhere to these confidentiality requirements to maintain their franchise agreement and protect the competitive advantage of the Kidokinetics brand.