Where is the master copy of the My Salon Suite Manual maintained, in case of a dispute?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, Franchisee is a licensed franchisee of Suite Management Franchising, LLC, a Florida limited liability company ("SMF"), operating a My Salon Suite business (the "Franchised Business") using the SMF proprietary operating system and certain confidential information for the establishment and operation of facilities at an approved location that provides turnkey salon suite studios and ancillary services to salon professionals; and
WHEREAS, SMF owns, and has provided access to Franchisee to certain non-public information of or about SMF's operating system, SMF, and My Salon Suite businesses, including the Manual, SMF's proprietary training, marketing and other instructional materials, Trade Secrets, information related to any proprietary methodology or aspects of the SMF's operating System or the establishments and continued operation of the Franchised Business, financial information, and vendor prices and matrices, and any and all clientele lists and data obtained through the operation of the Franchised Business (collectively, the "Confidential Information"). "Trade Secrets" means technical or non-technical data, formulas, patterns, compilations, programs, devices, methods, techniques, drawings, processes, financial data, financial plans, product plans, passwords, lists of actual or potential clients or vendors which are not commonly known by or available to the public and which information: (a) derives economic value, actual or potential, from not being generally known to, and not being readily ascertained by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy; and
WHEREAS, Covenantor will have access to the Confidential Information; and
WHEREAS, Covenantor acknowledges that receipt of and the right to use the Confidential Information constitutes independent valuable consideration for the representations, promises, and covenants made by Covenantor herein.
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, the parties agree as follows:
Confidentiality Agreement.
Source: Item 23 — RECEIPTS (FDD pages 95–230)
What This Means (2025 FDD)
The 2025 My Salon Suite Franchise Disclosure Document (FDD) does not explicitly state where the master copy of the My Salon Suite Manual is maintained. However, it does indicate that My Salon Suite owns and provides access to franchisees to certain non-public information, including the Manual. This suggests that My Salon Suite retains control over the Manual and its updates. Franchisees are required to comply with any updates to the training program within sixty (60) days of receiving updates to the Manual. The FDD also states that the required standards for operating the franchise will generally be set forth in the Manual or other written materials.
Given that the Manual contains the standards and guidelines for operating a My Salon Suite franchise, it is crucial for franchisees to have access to the most current version. The franchisor retains the right to determine if a franchisee is meeting a required standard and whether an alternative is suitable to any recommendations or guidelines. This implies that My Salon Suite maintains a master copy to ensure consistency and quality across all franchise locations.
In the event of a dispute, the location of the master copy could be relevant in determining which version of the Manual was in effect at a particular time. While the FDD does not specify the exact location, it is reasonable to assume that the master copy is held at My Salon Suite's headquarters or another location under its direct control. A prospective franchisee should clarify this point with the franchisor during their due diligence process to understand how version control is managed and how disputes related to the Manual are resolved.