What obligation of confidentiality must Kidokinetics franchisee's employees, agents, and representatives sign?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
nce with the terms and conditions of the Franchise Agreement(s);
WHEREAS, in connection with his or her duties, it will be necessary for Covenantor to have access to some or all of the confidential information, knowledge, know-how, techniques, contents of the Kidokinetics operations manual and other materials used in or related to the System and/or concerning the methods of operation of the System (collectively referred to as "Confidential Information");
WHEREAS, the Confidential Information provides economic advantages to Franchisor and licensed users of the System;
WHEREAS, Franchisor and Franchisee have agreed on the importance of restricting the use, access and dissemination of the Confidential Information, and Franchisee therefore has agreed to obtain from Covenantor a written agreement protecting the Confidential Information and further protecting the System against unfair competition; and
WHEREAS, Covenantor acknowledges that receipt of and the right to use the Confidential Information constitutes independent valuable consideration for the representations, promises and covenants made by Covenantor herein.
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, the parties agree as follows:
1. Confidentiality Agreement.
- a. Covenantor shall, at all times, maintain the confidentiality of the Confidential Information and shall use such Confidential Information only in the course of his or her association with the Kidokinetics Business operating under the Franchise Agreement(s). Such association includes any employment, contract, or other relationship that provides access to Confidential Information of the System.
- b. Covenantor shall not, at any time, make copies of any documents or compilations containing some or all of the Confidential Information without Franchisor's express written permission.
- c. Covenantor shall not, at any time, disclose or permit the disclosure of the Confidential Information except, and only then to the limited extent necessary, to those employees and/or agents of Franchisee for training and assisting such employees and/or in the operation of the Kidokinetics Business.
- d. Covenantor shall surrender any material containing some or all of the Confidential Information to Franchisee or Franchisor, upon request, or upon termination of employment or association with the Kidokinetics Business.
- e. Covenantor shall not, at any time, directly or indirectly, do any act or omit to do any act that would or would likely be injurious or prejudicial to the goodwill associated with the System.
- f. Covenantor agrees that no Confidential Information may be reproduced, in whole or in part, without Franchisor's written consent.
2. COVENANTS NOT TO COMPETE.
- a.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to the 2024 Kidokinetics Franchise Disclosure Document, Kidokinetics requires that a franchisee's employees, agents, and representatives with access to confidential information sign a confidentiality agreement. This agreement ensures that these individuals maintain the confidentiality of the Kidokinetics system's confidential information, using it only in their association with the Kidokinetics business. This association includes any employment, contract, or other relationship that provides access to the confidential information.
The agreement strictly prohibits making copies of any documents or compilations containing confidential information without the express written permission of Kidokinetics. It also mandates that these individuals not disclose or permit the disclosure of confidential information, except to the limited extent necessary for training and assisting other employees in the operation of the Kidokinetics business.
Upon request or termination of employment or association with the Kidokinetics business, these individuals must surrender any material containing confidential information to the franchisee or Kidokinetics. They are also prohibited from taking any action that could harm the goodwill associated with the Kidokinetics system. This agreement underscores the importance Kidokinetics places on protecting its proprietary information and maintaining its competitive advantage within the youth fitness market.