What is the purpose of the Kidokinetics Confidentiality Agreement?
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 th
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, the Confidentiality Agreement aims to protect Kidokinetics' confidential information and system against unfair competition. The agreement ensures that anyone associated with a Kidokinetics franchise, such as employees or contractors, maintains the confidentiality of the sensitive information they access. This includes trade secrets, know-how, operational methods, and the contents of the Kidokinetics operations manual. The agreement restricts the use, access, and dissemination of this confidential information, recognizing its economic value to Kidokinetics and its franchisees.
The Confidentiality Agreement mandates that individuals must only use the confidential information in connection with their work for the Kidokinetics business operating under the Franchise Agreement. It strictly prohibits making unauthorized copies of any documents containing confidential information without express written permission from Kidokinetics. This is to ensure that the proprietary information remains secure and is not misused or disclosed to unauthorized parties.
Furthermore, the agreement extends beyond the term of association with the Kidokinetics franchise. Even after an individual's employment or contract ends, they are still obligated to maintain the confidentiality of the information. This enduring obligation helps Kidokinetics protect its competitive advantage and proprietary system. Franchisees and their principals must take necessary steps to safeguard confidential information and promptly report any breaches to Kidokinetics, reinforcing the importance of maintaining confidentiality at all times.