What actions can Amorino take to prevent the disclosure of Confidential Information by a franchisee?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
onfidential Information, including all copies, summaries, extracts and notes derived from the Confidential Information.
- D. Enforcement. You agree that Amorino may bring an action in court to prevent the disclosure or threatened disclosure of Confidential Information by you, your employees, agents, contractors or any other person that has or may receive Confidential Information in violation of this Agreement and that such action may include temporary and permanent restraints to prevent disclosure or use or for the return of such Confidential Information to Amorino and that Amorino shall be entitled to an award against you of attorneys' fees and costs incurred in such enforcement action.
12. ADVERTISING AND MARKETING
- A. General. Promotional and marketing materials shall conform to Amorino's standards and specifications related to advertising, marketing, and trademark use. You shall submit to Amorino samples of proposed promotional and marketing materials, and notify Amorino of the intended media, before first publication or use. Amorino shall use good faith efforts to approve or disapprove proposed promotional and marketing materials within 15 days of their receipt. YOU MAY NOT USE THE PROMOTIONAL OR MARKETING MATERIALS UNTIL AMORINO EXPRESSLY APPROVES THE MATERIALS AND THE PROPOSED MEDIA.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, Amorino has several measures to prevent the disclosure of confidential information by a franchisee. Amorino can bring legal action in court to prevent the disclosure or threatened disclosure of confidential information by the franchisee, their employees, agents, contractors, or any other person who has received confidential information. This legal action may include temporary and permanent restraints to prevent disclosure or use, or to ensure the return of such confidential information to Amorino.
Furthermore, if Amorino pursues legal action to protect its confidential information, the franchisee may be responsible for covering Amorino's legal expenses. Amorino is entitled to an award against the franchisee for attorneys' fees and costs incurred in such enforcement action. This provision serves as a deterrent against unauthorized disclosure, as franchisees risk financial penalties in addition to legal repercussions.
Additionally, before allowing access to confidential information, Amorino requires that individuals who may come into contact with this information, such as employees, enter into an agreement to protect Amorino's proprietary rights. This agreement is a material requirement necessary to protect Amorino's confidential information and the franchisee's right to use it. This proactive measure ensures that anyone with access to confidential information is legally bound to protect it, reducing the risk of unauthorized disclosure.