What notice must be given to Kidokinetics if a manager or officer is legally required to disclose Kidokinetics' Know-how?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
These restrictions on Know-how, Intellectual Property and the System shall not apply to any information which is information publicly known or becomes lawfully known in the public domain other than through a breach of this Agreement or is required or compelled by law to be disclosed, provided that you will give reasonable notice to us to allow us to seek protective or other court orders.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, if a manager or officer is legally required to disclose information about Kidokinetics' know-how, they must provide reasonable notice to Kidokinetics. This allows Kidokinetics the opportunity to seek protective or other court orders to prevent or limit the disclosure.
This requirement is in place to protect Kidokinetics' trade secrets and proprietary information, which are crucial to the Kidokinetics system. By requiring notice, Kidokinetics can take legal action to safeguard its confidential information. This is a standard practice in franchising, as franchisors need to protect their intellectual property from being disclosed, which could harm their competitive advantage.
For a prospective Kidokinetics franchisee, this means understanding the importance of confidentiality and ensuring that their managers and officers are aware of this obligation. It also highlights the need to cooperate with Kidokinetics in the event of a potential legal disclosure requirement to protect the system's know-how. Failing to provide reasonable notice could have legal ramifications and potentially damage the relationship with Kidokinetics.