Who has the independent right to enforce the confidentiality agreements signed by Alloy personnel?

Based on the 2025 Alloy Franchise Disclosure Document, the franchisee, their owners, and their manager are restricted from disclosing, copying, reproducing, selling, or using Confidential Information for the benefit of any other person or entity, except to employees who need access to it to operate the Alloy facility. Confidential Information is defined as the information contained in the Operations Manual.

While the franchisee is obligated to ensure their employees maintain the confidentiality of the Operations Manual, the FDD does not explicitly state who has the independent right to enforce confidentiality agreements signed by Alloy personnel. However, Alloy retains ownership of the Operations Manual and the information it contains, and the franchisee must treat it as confidential, using all reasonable efforts to maintain its secrecy.

Given that the FDD does not directly address enforcement rights for confidentiality agreements signed by Alloy personnel, it is important for a prospective franchisee to seek clarification from Alloy regarding this matter. Specifically, they should inquire about who is responsible for enforcing these agreements and what recourse Alloy has if its personnel breach confidentiality. Understanding these details is crucial for protecting Alloy's confidential information and maintaining the integrity of the franchise system.