What specific uses of Kidokinetics' Know-how are prohibited for a manager or officer of a Kidokinetics franchisee?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
comply with the terms of this Agreement.
-
- Know-How and Intellectual Property. You agree: (i) you will not use the Know-how in any business or capacity other than the Kidokinetics business operated by Franchisee; (ii) you will maintain the confidentiality of the Know-how at all times; (iii) you will not make unauthorized copies of documents containing any Know-how; (iv) you will take such reasonable steps as we may ask of you from time to time to prevent unauthorized use or disclosure of the Know-how; and (v) you will stop using the Know-how immediately if you are no longer a manager or officer of Franchisee's Kidokinetics business. You further agree that you will not use all or part of the Intellectual Property or all or part of the System for any purpose other than the performance of your duties for Franchisee and within the scope of your employment or other engagement with Franchisee.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, as a manager or officer of a Kidokinetics franchise, you are restricted from using the brand's Know-how in any capacity other than for the Kidokinetics business operated by the franchisee. This means that while associated with the franchise, you cannot leverage Kidokinetics' proprietary information, methods, techniques, specifications, practices, procedures, policies, or marketing strategies for any other business venture or personal gain outside of your role with the Kidokinetics franchise.
Furthermore, you must maintain the confidentiality of the Know-how at all times, preventing its unauthorized disclosure or use. This includes refraining from making unauthorized copies of documents containing the Know-how and taking reasonable steps to prevent its unauthorized use or disclosure. These measures are in place to protect Kidokinetics' trade secrets and proprietary information, which are vital to the success of the franchise system.
Upon ceasing to be a manager or officer of the Kidokinetics franchise, you must immediately stop using the Know-how. This restriction ensures that former managers or officers do not use their knowledge of Kidokinetics' operational methods and strategies to unfairly compete with the franchise system. These restrictions on Know-how do not apply to information that is publicly known or becomes lawfully known in the public domain, or if disclosure is required by law, provided that Kidokinetics is given reasonable notice to seek protective orders.