What does Stretch Zone consider to be confidential and proprietary information?
Stretch_Zone Franchise · 2025 FDDAnswer from 2025 FDD Document
trade secrets. We possess and will continue to develop and acquire confidential and proprietary information, and trade secrets. The confidential information consists of the following categories of information, methods, techniques, procedures and knowledge we, our affiliates, or our Franchisees develop (collectively, the "Confidential Information") including: (a) our methods, techniques, tools, specifications, standards, policies, procedures, information, concepts, systems, and knowledge of the experience in our development, operation and franchising; (b) our marketing and promotional programs for Franchise Businesses; (c) knowledge of specifications for and knowledge of our suppliers of certain materials, equipment, furniture and fixtures for a Franchise Business; and (d) knowledge of our customer lists, operating results and financial performance.
We will disclose to you the Confidential Information required for the operation of the Franchise Business during our training programs, in the Operations Manual, and in the guidance and assistance that we furnish you, and you may learn of additional Confidential Information. You may disclose the Confidential Information to your employees or other persons only to the extent reasonably necessary and provided the person has signed our form of Confidentiality and Non-Competition Agreement contained in the Operations Manual before disclosure. You agree, during and after the Initial Term, that you, your Franchise Owners, employees and independent contractors will: (i) not use the Confidential Information in any other business or capacity, including any derivative or spin-off of the body stretching concept; (ii) maintain the absolute secrecy and confidentiality of the Confidential Information during and after the Initial Term; (iii) not make unauthorized copies of any portion of the Confidential Information disclosed or recorded in written or other tangible form or electronic form; and (iv) adopt and implement all procedures that we require to prevent unauthorized use or disclosure of, or access to, the Confidential Information. You agree that any suggestions you make that we incorporate into the Business System are our exclusive property.
We also consider our Trade Dress (that is, elements of the Stretch Zone method and style of doing business) inherently and uniquely distinctive and protectable under applicable Federal and state law.
Nothing contained in the Franchise Agreement prohibits you from using the Confidential Information in the operation of your Franchise Business under the terms of your Franchise Agreement.
ITEM -15 OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS
YOUR PERSONAL PARTICIPATION
You are not our employee.
Source: Item 14 — ITEM -14 PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 60–62)
What This Means (2025 FDD)
According to Stretch Zone's 2025 Franchise Disclosure Document, confidential and proprietary information consists of information, methods, techniques, procedures, and knowledge that Stretch Zone, its affiliates, or its franchisees develop. This includes methods, techniques, tools, specifications, standards, policies, procedures, information, concepts, systems, and knowledge of experience in development, operation, and franchising. It also encompasses marketing and promotional programs for franchise businesses. Knowledge of specifications for and knowledge of suppliers of certain materials, equipment, furniture, and fixtures for a Franchise Business is also considered confidential. Finally, knowledge of customer lists, operating results, and financial performance is included. Stretch Zone also considers its Trade Dress (elements of the Stretch Zone method and style of doing business) inherently and uniquely distinctive and protectable under applicable Federal and state law.
Stretch Zone discloses this confidential information during training programs, in the Operations Manual, and through ongoing guidance and assistance. Franchisees may share this information with employees or other individuals only if reasonably necessary and after they have signed Stretch Zone's Confidentiality and Non-Competition Agreement. Franchisees are obligated to maintain the secrecy and confidentiality of this information both during and after the term of the Franchise Agreement. They are prohibited from using the confidential information in any other business or capacity, including any derivative of the body stretching concept.
Franchisees must also prevent unauthorized copies or disclosure of the confidential information and implement procedures to prevent unauthorized access. Any suggestions made by franchisees that are incorporated into the Business System become the exclusive property of Stretch Zone. This underscores the importance of protecting Stretch Zone's proprietary assets and trade secrets, as unauthorized use or disclosure could significantly harm the franchise system. These restrictions are typical in franchising to maintain brand consistency and protect competitive advantages.