What is the required use of Kidokinetics Confidential Information by the Covenantor?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
d 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.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to the 2024 Kidokinetics Franchise Disclosure Document, a Covenantor, who has access to Kidokinetics' Confidential Information, is obligated to maintain its confidentiality and use it solely in connection with the Kidokinetics business operating under the Franchise Agreement. This association encompasses any employment, contract, or other relationship that grants access to the System's Confidential Information. The Covenantor is prohibited from making copies of documents containing Confidential Information without the express written permission of Kidokinetics.
The Covenantor can only disclose Confidential Information to employees or agents of the franchisee to the extent necessary for training, assisting such employees, and operating the Kidokinetics business. Upon request or termination of employment or association with the Kidokinetics business, the Covenantor must surrender any material containing Confidential Information to the franchisee or Kidokinetics. The Covenantor is prohibited from taking any action that could harm the goodwill associated with the Kidokinetics system.
These restrictions are designed to protect Kidokinetics' trade secrets, operational methods, and overall business model. For a prospective franchisee, this means that anyone with access to Kidokinetics' Confidential Information, such as employees, must agree to these terms to protect the franchisor's interests. This is a common practice in franchising to maintain consistency and protect the brand's competitive advantage.