How will the Company disclose Confidential Information to the signer of the Spray Net Confidentiality and Restrictive Covenant Agreement?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
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- The Company possesses certain proprietary and confidential information relating to the operation of the Franchised Business and System generally, including without limitation: Company's proprietary and confidential Manuals and other manuals providing guidelines, standards and specifications related to the establishment and operation of the Franchised Business (collectively, the "Manuals"); Franchisor's proprietary training materials and programs, as well as proprietary marketing methods and other instructional materials, trade secrets; information related to any other proprietary methodology or aspects of the System or the establishment and continued operation of the Franchised Business; financial information; any and all customer lists, contracts and other customer information obtained through the operation of the Franchised Business and other Franchised Businesses; any information related to any type of proprietary software that may be developed and/or used in the operation of with the Franchised Business; and any techniques, methods and know-how related to the operation of Franchised Business or otherwise used in connection with the System, which includes certain trade secrets, copyrighted materials, methods and other techniques and know-how (collectively, the "Confidential Information").
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- Any other information, knowledge, know-how, and techniques which the Company specifically designates as confidential will also be deemed to be Confidential Information for purposes of this Agreement.
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- As [INSERT TITLE WITH RESPECT TO FRANCHISEE] of the Franchisee, the Company and Franchisee will disclose the Confidential Information to me in furnishing to me the training program and subsequent ongoing training, the Manuals, and other general assistance during the term of this Agreement.
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- I will not acquire any interest in the Confidential Information, other than the right to utilize it in the operation of the Franchised Business during the term hereof, and the use or duplication of the Confidential Information, in whole or in part, for any use outside the System would constitute an unfair method of competition.
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- The Confidential Information is proprietary, involves trade secrets of the Company, and is disclosed to me solely on the condition that I agree, and I do hereby agree, that I shall hold in strict confidence all Confidential Information and all other information designated by the Company as confidential. Unless the Company otherwise agrees in writing, I will disclose and/or use the Confidential Information only in connection with my duties as [INSERT TITLE] of the Franchisee, and will continue not to disclose any such information even after I cease to be in that position and will not use any such
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, the company will disclose confidential information to individuals who sign the Confidentiality and Restrictive Covenant Agreement by furnishing them with a training program, manuals, and ongoing general assistance during the agreement's term. This disclosure is specifically for individuals in a position with the franchisee. These individuals include officers, agents, directors, shareholders, trustees, beneficiaries, partners, employees, and independent contractors who are likely to gain knowledge of confidential information. Even after the agreement is terminated, the individual is still required to keep the information confidential.
The Confidential Information includes, but is not limited to, the company's proprietary manuals, training materials, marketing methods, trade secrets, customer lists, software information, and techniques related to the operation of the franchised business. Any other information specifically designated as confidential by Spray Net will also be considered Confidential Information.
The agreement stipulates that the signer will not acquire any interest in the Confidential Information beyond the right to use it for operating the franchised business during the term of the agreement. The use or duplication of this information outside the Spray Net system is considered an unfair method of competition. The signer agrees to hold all Confidential Information in strict confidence and only use or disclose it in connection with their duties, unless otherwise agreed to in writing by Spray Net. Upon request or conclusion of the use of the information, all materials containing Confidential Information must be surrendered to the company.