What specific uses of Confidential Information are permitted for an Amorino franchisee?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- A. Confidentiality. You shall maintain the confidentiality of all Confidential Information. You shall use Confidential Information only in connection with the operation of the Franchised Business, and shall divulge Confidential Information only to your employees and only on a need to know basis. This obligation shall survive termination or expiration of this Agreement] for as long a period as permitted by law.
- 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
otherwise discoverable by lawful means.
- C. Return of Confidential Information. Upon request, and upon termination of this Agreement, you shall return to Amorino all documents, materials and records containing or referring to the Confidential 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.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, franchisees are permitted to use Confidential Information only in connection with the operation of their franchised business. This means that the franchisee can utilize Amorino's trade secrets, know-how, customer information, manual contents, proprietary recipes, financial data, marketing plans, vendor details, and operational knowledge specifically to run their Amorino store. This usage is strictly limited to the scope of the franchise agreement.
Amorino franchisees are allowed to divulge Confidential Information only to their employees, and even then, only on a need-to-know basis. This ensures that sensitive information is not unnecessarily spread and remains protected within the immediate operational circle of the franchise. The franchisee must ensure that employees understand the confidential nature of the information and their obligations to protect it.
This obligation to maintain confidentiality extends beyond the term of the franchise agreement, lasting as long as legally permissible. Upon termination or expiration of the agreement, the franchisee must return all documents, materials, and records containing or referring to the Confidential Information to Amorino. This includes all copies, summaries, extracts, and notes derived from the Confidential Information, ensuring that no residual confidential data remains with the former franchisee. Amorino retains the right to take legal action to prevent any unauthorized disclosure or use of Confidential Information, and can seek remedies including injunctions and recovery of attorney's fees and costs.