Under what circumstances is a manager or officer of a Kidokinetics franchisee allowed to disclose Kidokinetics' Know-how?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
These restrictions on Know-how, Intellectual Property and the System shall not apply to any information which is information publicly known or becomes lawfully known in the public domain other than through a breach of this Agreement or is required or compelled by law to be disclosed, provided that you will give reasonable notice to us to allow us to seek protective or other court orders.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, a manager or officer of a Kidokinetics franchisee is restricted from using or disclosing Kidokinetics' Know-how, except under specific conditions. The standard Confidentiality Agreement states that managers or officers gain access to Kidokinetics' System and must protect its Intellectual Property, as it is vital to the success of Kidokinetics and its franchisees.
Specifically, the restrictions on Know-how do not apply if the information is publicly known or becomes lawfully known in the public domain, provided that this wasn't due to a breach of the agreement. Additionally, disclosure may be compelled by law, but Kidokinetics must be given reasonable notice to seek protective orders.
These measures are in place to protect Kidokinetics' competitive advantage and proprietary information. Prospective franchisees should understand that these confidentiality obligations extend to their managers and officers, and any unauthorized disclosure could have serious repercussions.