What kind of information will the Kidokinetics franchisee have access to during the term of the agreement?
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 protected or protectable by patent, copyright, trade secret or other proprietary rights (collectively referred to herein as the "Confidential Information").
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, franchisees and their principals will have access to the franchisor's trade secrets and confidential information during the term of the agreement. This includes methods, processes, customer lists, vendor partnerships and relationships, sales and technical information, costs, service prices, software tools and applications, website and email design, products, services, equipment, technologies, and procedures related to the Kidokinetics business. Franchisees also gain access to systems of operation, services, programs, procedures, policies, standards, techniques, requirements, and specifications which are part of the Kidokinetics system.
Kidokinetics franchisees will also have access to the Franchise Operations Manual, methods of advertising and promotion, instructional materials, marketing plans, business methods, research, development, know-how, and any other information the franchisor designates as confidential or proprietary. This information encompasses the components of the Kidokinetics system, whether or not it is protected by patent, copyright, trade secret, or other proprietary rights. The franchisee is responsible for protecting this confidential information and must notify Kidokinetics if there is a breach of confidentiality.
This access to confidential information and trade secrets is a key element of the Kidokinetics franchise system, providing franchisees with the knowledge and tools necessary to operate their businesses effectively. However, it also places a significant responsibility on the franchisee to safeguard this information and prevent its unauthorized disclosure or use. Franchisees must ensure their employees who require access to confidential information are also aware of these obligations. The agreement also stipulates that any improvements or new concepts developed by the franchisee in the performance of services or operation of the Kidokinetics business must be promptly reported to the franchisor, and the franchisor has the right to obtain full proprietary rights to such improvements.