Are the written directives from the Kidokinetics franchisor considered confidential?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.1.2. Franchisee and any and all Principals shall, at all times, treat the Franchise Operations Manual, any written directives of Franchisor, and any other manual and materials, and the information contained therein, as confidential and shall maintain such information as trade secrets and confidential in accordance with this Article and this Agreement. Franchisee and Franchisee's Principals, if any, shall not divulge and make such materials available to anyone other than those of Franchisee's employees who require the information contained therein to operate the Kidokinetics Business. Franchisee and Franchisee's Principals, if any, may not at any time copy, duplicate, record or otherwise reproduce these materials, in whole or in part, or otherwise make the same available to any person other than those authorized above, without Franchisor's prior written consent.
- 18.1.3. The Franchise Operations Manual, written directives, and other materials and any other confidential communications provided or approved by Franchisor will at all times remain the sole property of Franchisor. Franchisee shall maintain the Franchise Operations Manual at all times in a safe and secure location, take all reasonable measures to prevent unauthorized access to the Franchise Operations Manual, whether any attempted unauthorized access takes the form of
Source: Item 22 — CONTRACTS (FDD page 59)
What This Means (2024 FDD)
According to Kidokinetics's 2024 Franchise Disclosure Document, the written directives from the franchisor are considered confidential. Franchisees must operate their Kidokinetics business in accordance with the Franchise Operations Manual, any written directives issued by Kidokinetics, and any other approved materials. Franchisees and their principals must treat the Franchise Operations Manual, written directives, and other materials as confidential, maintaining them as trade secrets. They are only allowed to share this information with employees who need it to operate the Kidokinetics business.
Franchisees and their principals are prohibited from copying, duplicating, recording, or reproducing these materials without prior written consent from Kidokinetics. The Franchise Operations Manual, written directives, and other confidential communications remain the sole property of Kidokinetics. Franchisees must keep the Franchise Operations Manual in a secure location and take precautions to prevent unauthorized access, including using the latest firewall technology for computer and telecommunications networks.
This confidentiality extends beyond just the manual and directives to include other sensitive information. Customer lists, credit information, customer service purchasing histories, rates charged to customers, and supplier information are also considered trade secrets and confidential information of Kidokinetics. Franchisees are responsible for protecting this confidential information and must notify Kidokinetics if they discover any violations of the agreement. These measures ensure that sensitive business information remains protected, maintaining the competitive advantage and integrity of the Kidokinetics system.