Who will disclose the Confidential Information to me as a Spray Net franchisee?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
btedness of Franchisee arising under or by virtue of the aforesaid Franchise Agreement; (ii) the prohibition of any change in the percentage of Franchisee owned, directly or indirectly, by any person, without first obtaining the written consent of Franchisor prior to said proposed transfer as set forth in the Franchise Agreement; (iii) those obligations related to confidentiality, non-disclosure and indemnification; and (iv) the in-term and post-term covenants against competition, as well as all other restrictive covenants set forth in the Franchise Agreement.
ARTICLE II CONFIDENTIALITY
During the initial and any renewal terms of the Franchise Agreement and this Guaranty, you will receive information, which Franchisor considers to be Confidential Information, trade secrets and/or confidential information, including without limitation: (i) site-selection criteria; (ii) methods, techniques and trade secrets for use in connection with the proprietary business operating system that Franchisor and its affiliates have developed (the "System")forthe establishment and operation of a SPRAY-NET business(each, an "Franchised Business") and/or franchise (each, a "Franchised Business"); (iii) marketing research and promotional, marketing and advertising programs for the Franchised Business; (iv) knowledge of specification for and suppliers of, certain products, fixtures, furnishings, equipment and inventory used at the Franchised Business (v) knowledge of the operating results and financial performance of other Franchised Businesses; (vi) customer communication and retention programs, along with data used or generated in connection with those programs; (vii) Franchisor's proprietary Manuals and other instructional manuals, as well as any training materials and information Franchisor has developed for use in connection with the System; (viii) information regarding the development of Franchisor's proprietary marks (the "Proprietary Marks"); (ix) information generated by, or used or developed in, an Franchised Business's
operation, including client names, properties and contracts of any kind, addresses, telephone numbers and related information and any other information contained in the Franchised Business's computer system or proprietary software system; (x) Franchisor's proprietary Manuals and other instructional manuals, as well as any training materials and information Franchisor has developed for use in connection with the System; as well as any other proprietary information or confidential information that is provided to Franchiseeby Franchisor during the term of the Franchise Agreement (collectively, "Confidential Information").
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, during the initial and any renewal terms of the Franchise Agreement, Spray Net will provide you with information considered Confidential Information, trade secrets, and/or confidential information. This includes, but is not limited to, site-selection criteria; methods, techniques, and trade secrets for use in connection with the proprietary business operating system; marketing research and promotional, marketing and advertising programs; knowledge of specification for and suppliers of certain products; knowledge of the operating results and financial performance of other Franchised Businesses; customer communication and retention programs; Spray Net's proprietary Manuals and other instructional manuals, as well as any training materials and information; information regarding the development of Spray Net's proprietary marks; and information generated by, or used or developed in, an Franchised Business's.
Spray Net may provide this information as part of the Manuals or otherwise in writing prior to opening your franchise. Spray Net has the right to revise, supplement, or otherwise modify these lists and the Manuals at any time upon written notice to you. Spray Net may also establish and maintain a website portal or other intranet for use by you and other Franchised Business owners, where Spray Net may post content that will automatically become part of, and constitute a supplement to, the Manuals, all of which you must strictly comply with promptly after such content is posted or otherwise listed on the Spray-Net Web Portal.
As a Spray Net franchisee, you are obligated to maintain the confidentiality of this information. Even after you cease to be in that position, you must continue to protect this information unless it becomes generally known or easily accessible through means other than a breach of your obligations under the Franchise Agreement. Upon request or upon conclusion of the use for which the information was furnished, you must surrender any material containing the Confidential Information to Spray Net.