Upon request or termination of the Amorino Franchise Agreement, what must a franchisee do with documents containing confidential information?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, franchisees have specific obligations regarding confidential information, both during the term of the franchise agreement and upon its termination. Amorino requires franchisees to maintain the confidentiality of all confidential information, using it only for the operation of 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, lasting as long as legally permitted. Confidential information includes trade secrets, know-how, customer information, the contents of the manual, proprietary recipes, financial data, marketing plans, and vendor information, among other things.
Upon request from Amorino or upon termination of the Franchise Agreement, a franchisee must return all documents, materials, and records containing or referring to confidential information. This includes all copies, summaries, extracts, and notes derived from the confidential information. This requirement ensures that Amorino retains control over its proprietary information and trade secrets, which are critical to maintaining the brand's competitive advantage.
Amorino has the right to take legal action to prevent the disclosure or threatened disclosure of confidential information by the franchisee, their employees, agents, or any other person who has received confidential information in violation of the agreement. Such legal action may include temporary and permanent restraints to prevent disclosure or use, or to compel the return of the confidential information to Amorino. Furthermore, Amorino is entitled to recover attorneys' fees and costs incurred in any enforcement action against the franchisee for breaches of confidentiality.