Does the Amorino franchise agreement specify that customer information is considered Confidential Information?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. Confidential Information. The term "Confidential Information" shall include, by way of example and not by way of limitation, trade secrets, know-how and other elements of the System; all customer information; all information contained in the Manual; Amorino's proprietary recipes, standards and specifications for product preparation, packaging and service; financial information of Amorino, its Affiliates or the Franchised Business; marketing plans, strategies and data relating to Amorino, the Franchised Business or the System; vendor and supplier information; all knowledge, trade secrets, or know-how concerning the methods of operation of the Franchised Business which may be communicated to you, or of which you may be apprised, by virtue of this Agreement; and all other information that Amorino designates as confidential information. However, "Confidential Information" shall not include information that is known or becomes known to the public, in the industry of which Amorino is a part or is
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, customer information is explicitly considered Confidential Information. The franchise agreement states that franchisees must maintain the confidentiality of all Confidential Information, using it only for operating the Franchised Business and divulging it only to employees on a need-to-know basis. This obligation extends beyond the termination or expiration of the agreement, as long as legally permitted.
The definition of "Confidential Information" includes, but is not limited to, trade secrets, know-how, elements of the System, all customer information, information in the Manual, proprietary recipes, standards and specifications, financial information, marketing plans, vendor and supplier information, and any other information Amorino designates as confidential. However, information already publicly known or discoverable through lawful means is excluded from this definition.
Upon request or termination of the agreement, franchisees must return all documents, materials, and records containing Confidential Information to Amorino. Amorino can take legal action to prevent the disclosure of Confidential Information by the franchisee or their employees, including seeking temporary and permanent restraints and recovering attorneys' fees and costs associated with enforcement. This underscores the importance Amorino places on protecting its confidential business information and customer data.