What does Mr. Sandless consider to be its exclusive and confidential property?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
Business layout, advertising formats, accounting systems, operations systems, policies, procedures, systems, compilations of information, records, specifications, manuals, methods and procedures for sandless wood floor refinishing, dustless wood floor refinishing, sand and stain wood floor refinishing, wood floor care, wood floor cleaning, and floor maintenance, exterior wood refinishing, wood care, wood cleaning, and wood maintenance and other confidential information which we or our affiliates have developed for use in the operation of Mr. Sandless Businesses. You may not contest, directly or indirectly, our ownership of our trade secrets, methods or procedures, or contest our right to register, use or license others to use any such trade secrets, methods and procedures. You (including your partners, officers, directors, shareholders, as applicable), your employees, and their respective heirs, successors and assigns, are prohibited from using and/or disclosing any Confidential Information in any manner other than as we permit and must execute Confidentiality and Non-Compete Agreement in the form attached as Attachment 4.
5. CONFIDENTIAL OPERATIONS MANUAL
We will loan you one (1) copy of our confidential operations manual(s) (collectively, the "Operations Manual") containing policies, procedures, standards, specifications and methods of operating a Mr. Sandless Business. We have the right to amend and supplement the Operations Manual from time to time in our discretion. You must maintain the Operations Manual at your Business, and insert all supplements, amendments and revisions promptly upon receipt. If there is a dispute concerning the content of the Operations Manual, the master copy maintained at our headquarters will control. The Operations Manual may be provided electronically or via the Internet, at our sole and absolute discretion.
If you require a replacement Operations Manual, we will provide you a replacement copy at the cost of One Thousand Dollars ($1,000) after you surrender to us the previous Operations Manual or its remaining parts if it has been partially lost or destroyed. If your copy of the Operations Manual is lost or destroyed in its entirety, you must submit to us an affidavit of lost or destroyed manual prior to receiving a replacement copy. The contents of the Operations Manual are protected by the Copyright law of the United States and may not be disclosed to any person or entity not affiliated with Mr. Sandless and may not be duplicated, copied, reproduced or altered in any way. In the event that we post the Operations Manual on our website, accessible only to us and our franchisees, it shall be in "read only" format and may not be downloaded, saved, copied, duplicated, distributed or altered in any way. A violation of our copyright will be punishable by the maximum extent permitted by law.
You acknowledge that, as between us and you, we have the sole rights to and interest in all , social media accounts, electronic mail addresses, telephone numbers, and other listings associated with the Proprietary Marks.
11.8 Franchisee Developments
We shall own and have the exclusive right to use and incorporate in the System, for the benefit of other franchisees, us and our affiliates, any modifications, changes and improvements (collectively, "improvements") to the System, in whole or in part, developed or discovered by you, your principals or your employees or agents in connection with the System or the operation of a Business, without any liability or obligation to you. This includes, but is not limited to, discoveries or development of products, systems or techniques, management practices or procedures, architectural designs and philosophies and names or groups of words relating to the System or
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, the company considers several elements as its exclusive and confidential property. These include the confidential operations manual, which contains the policies, procedures, standards, specifications, and methods for operating a Mr. Sandless Business. Mr. Sandless retains the right to amend this manual at its discretion, and franchisees must keep it updated. The contents of the Operations Manual are protected by copyright law and cannot be disclosed to anyone not affiliated with Mr. Sandless, nor can they be duplicated or altered. If a franchisee needs a replacement manual, it costs $1,000, provided the old manual or its remaining parts are returned, or an affidavit is submitted if it's entirely lost. The manual may be provided electronically in a read-only format. Also, any modifications, changes, and improvements to the System developed by the franchisee become the exclusive property of Mr. Sandless. This includes discoveries or development of products, systems or techniques, management practices or procedures, architectural designs and philosophies and names or groups of words relating to the System.
Mr. Sandless also considers its trade secrets, methods, and procedures for sandless wood floor refinishing, dustless wood floor refinishing, sand and stain wood floor refinishing, wood floor care, wood floor cleaning, and floor maintenance, exterior wood refinishing, wood care, wood cleaning, and wood maintenance as confidential information. This extends to business layouts, advertising formats, accounting systems, operations systems, policies, procedures, systems, compilations of information, records, specifications, and manuals developed for Mr. Sandless Businesses. Franchisees are prohibited from contesting Mr. Sandless's ownership of these trade secrets and must execute a Confidentiality and Non-Compete Agreement.
Furthermore, Mr. Sandless asserts its rights to all social media accounts, electronic mail addresses, telephone numbers, and other listings associated with its Proprietary Marks. Upon termination of the franchise agreement, franchisees must discontinue all advertising under the Mr. Sandless name, de-identify service vehicles and office locations, and cancel registrations related to the use of Proprietary Marks. They must also transfer telephone numbers and listings to Mr. Sandless or its new franchisee. Franchisees must also ensure that their employees, contractors, and other third parties with access to Mr. Sandless's confidential information also execute similar confidentiality agreements.