Who retains the exclusive property rights to Kidokinetics' Confidential Information?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
During the term of the Franchise Agreement, you may have access to and become acquainted with our trade secrets, including, but not limited to, methods, processes, customer lists, vendor partnerships and/or relationships, sales and technical information, costs, product prices and names, 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, products, 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 we may or may not specifically designate as "confidential" or "proprietary", and the components of our System whether or not such information is protected or protectable by patent, copyright, trade secret or other proprietary rights (collectively called the "Confidential Information"). You agree that you will take all reasonable measures to maintain the confidentiality of all Confidential Information in your possession or control and that all such Confidential Information and trade secrets shall remain our exclusive property. You may never (during the initial term, any renewal term, or after the Franchise Agreement expires or is terminated) reveal any of our
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 38–39)
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, Kidokinetics retains exclusive property rights over its Confidential Information. This information includes trade secrets, methods, processes, customer lists, vendor partnerships, sales and technical data, costs, product prices, software, website design, products, services, equipment, technologies, operational systems, programs, procedures, policies, standards, techniques, requirements, specifications, the Franchise Operations Manual, advertising methods, instructional materials, marketing plans, business methods, research, development, know-how, and any other information not specifically designated as "confidential" or "proprietary."
As a franchisee, you must take reasonable measures to keep all Confidential Information private and under your control. You are prohibited from disclosing this information to any other person or using it for any other person or business, both during the term of the Franchise Agreement and after it expires or is terminated. You also cannot copy any Confidential Information or provide it to a third party without prior written authorization from Kidokinetics.
Kidokinetics also requires that your manager and other management-level personnel sign a Confidentiality and Non-Compete Agreement, further emphasizing the importance of protecting this information. This is a standard practice in franchising, as the franchisor's proprietary information is crucial to maintaining the brand's competitive edge and consistency across all franchise locations. By retaining these rights, Kidokinetics ensures that its franchisees operate within a defined system and protect the brand's intellectual property.