Is a Mr. Sandless franchisee allowed to contest Mr. Sandless' ownership of its trade secrets?

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Attachment 2 – Territory Addendum and Map

Attachment 3 – Guaranty Agreement and Acknowledgment by Guarantor

Attachment 4 – Confidentiality and Non-Competition Agreement

Attachment 5 – Internet Advertising, Social Media, Software and Telephone Listing Agreement

MR. SANDLESS FRANCHISE LLC SINGLE UNIT FRANCHISE AGREEMENT

THIS FRANCHISE AGREEMENT (the "Agreement") is made as of the Effective Date set forth on the Data Sheet of this Agreement between Mr. Sandless Franchise LLC, a Pennsylvania limited liability company with an address at 2970 Concord Rd, Aston, PA 19014 ("we", "us", "our", "Franchisor", "Mr. Sandless" and the Franchisee identified in the Data Sheet ("Franchisee", "you"). The information contained in the Data Sheet is incorporated into this Agreement.

BACKGROUND

• A. Through the expenditure of time, skill, effort and money, we and our affiliate have developed and own a unique and distinctive system (the "System") relating to the establishment and operation of a professional businesses under the name "Mr Sandless" offering interior and exterior wood surface services, including indoor wood floor refinishing, including sanding, dustless refinishing, screening and recoats, sandless refinishing, wood floor care, wood floor cleaning, floor maintenance, floor care, floor refinishing, and floor cleaning for tile, VCT, terrazzo, marmoleum, linoleum, vinyl, asphalt, rubber, laminates, concrete, slate, brick, stone, granite, grout sealing and coloring, ceramic floors, cabinet refinishing and exterior wood refinishing, exterior wood care, exterior wood cleaning, and exterior wood maintenance ("Business" or Franchised Business"). The distinguishing characteristics of our System include proprietary operating procedures, proprietary products, trade dress, and standards and specifications for products and services, as periodically amended in our sole discretion (the "System").
• B. The System is identified by certain trade names, service marks, trademarks, logos, emblems and indicia of origin, including, but not limited to, the mark "Mr. Sandless" and such other trade names, service marks, and trademarks as are now designated (and may hereafter be designated by us in writing) for use in connection with the System (hereinafter referred to as "Marks" or "Proprietary Marks");
• C. We offer franchises to qualified individuals for the right to use the System and Proprietary Marks within designated territories (the "Business"). Unless otherwise stated to the contrary herein, the term "Business" shall apply to both a Mr. Sandless Business.
• D. You have applied to us for the right to operate a Business pursuant to the terms of this Agreement, and we have approved your application in reliance upon all of the representations made in your application, including those concerning your financial resources, your business experience and interests, and the manner in which the franchise will be owned and operated.
• E. You acknowledge that you have read this Agreement and our Franchise Disclosure Document, and that you have been given an opportunity to obtain clarification of any provision that you did not understand. You also understand and agree that the terms and conditions in this Agreement are necessary to maintain our high standards of quality and service, and the uniformity of those standards at all Mr. Sandless Businesses.

AGREEMENT

NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, mutually agree as follows:

1. FRANCHISE GRANT

We hereby grant to you, and you hereby accept, a nonexclusive franchise to establish and operate one (1) Franchised Business pursuant to the terms of this Agreement.

Source: Item 22 — CONTRACTS (FDD page 42)