Under the Kidokinetics Confidentiality Agreement, what is prohibited regarding the use of Intellectual Property?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- Know-How and Intellectual Property: Non-disclosure and Ownership. You agree: (i) you will not use the Intellectual Property in any business or capacity other than for the benefit of the Kidokinetics Business operated by Franchisee or in any way detrimental to us or to the Franchisee; (ii) you will maintain the confidentiality of the Intellectual Property at all times; (iii) you will not make unauthorized copies of documents containing any Intellectual Property; (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 Intellectual Property; and (v) you will stop using the Intellectual Property immediately if you are no longer an employee, independent contractor, agent, representative, or supplier of Franchisee. You further agree that you will not use the Intellectual Property for any purpose other than performing your duties for Franchisee and within the scope of your employment or other engagement with Franchisee.
The Intellectual Property is and shall continue to be the sole property of Kidokinetics Franchise LLC. You hereby assign and agree to assign to us any rights you may have or may acquire in such Intellectual Property. Upon the termination of your employment or engagement with Franchisee, or at any time upon our or Franchisee's request, you will deliver to us or to Franchisee all documents and data of any nature pertaining to the Intellectual Property, and you will not take with you any documents or data or copies containing or pertaining to any Intellectual Property.
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to the 2024 Kidokinetics Franchise Disclosure Document, the Confidentiality Agreement strictly limits the use of Kidokinetics' Intellectual Property. As an employee, independent contractor, agent, representative, or supplier of a Kidokinetics franchisee, you cannot use the Intellectual Property in any business or capacity other than for the benefit of the Kidokinetics Business operated by the Franchisee. Any use detrimental to Kidokinetics or the Franchisee is prohibited.
The agreement emphasizes maintaining the confidentiality of the Intellectual Property at all times and prohibits making unauthorized copies of documents containing any Intellectual Property. Individuals must take reasonable steps to prevent unauthorized use or disclosure of the Intellectual Property, as requested by Kidokinetics. Upon termination of employment or engagement with the Franchisee, all use of the Intellectual Property must cease immediately.
Furthermore, the Intellectual Property remains the sole property of Kidokinetics Franchise LLC, and any rights acquired in it must be assigned to them. Upon termination of employment or engagement, all documents and data pertaining to the Intellectual Property must be returned, and no copies can be retained. These measures are in place to protect Kidokinetics' proprietary information and maintain the integrity of its franchise system.