Is the franchisor of Anago permitted to release information provided by the franchisee to the franchisee's landlord?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
nchisor irreparable injury, and Subfranchisor agrees to pay all court costs and reasonable attorneys' fees incurred by Franchisor in obtaining specific performance of, or an injunction against violation of, the requirements of this
Section. Subfranchisor agrees that this agreement is strictly confidential and that no part or exhibit of this agreement may be discussed nor presented in any form to any person, entity or agency outside of AFI, Inc. unless required by local, state or federal law.
Section 3.9 - Information Security
Subfranchisor must implement all administrative, physical and technical safeguards necessary to protect any information that can be used to identify an individual, including names, addresses, telephone numbers, e-mail addresses, employee identification numbers, signatures, passwords, financial information, credit card information, biometric or health data, governmentissued identification numbers and credit report information ("Personal Information") in accordance with applicable law and industry best practices. It is entirely Subfranchisor's responsibility (even if Franchisor provides Subfranchisor any assistance or guidance in that regard) to confirm that the safeguards Subfranchisor uses to protect Personal Information comply with all applicable laws and industry best practices related to the collection, access, use, storage, disposal and disclosure of Personal Information. If Subfranchisor becomes aware of a suspected or actual breach of security or unauthorized access involving Personal Information, Subfranchisor will notify Franchisor immediately and specify the extent to which Personal Information was compromised or disclosed.
Section 3.10 - Obligation to Mentor
Subfranchisor agrees that it will make its office available as a training center and provide instruction for new or other current Anago subfranchisors as Franchisor reasonably requests. Franchisor will have the right to approve the individual providing the training. Franchisor will reimburse Subfranchisor for reasonable lunch or dinner expenses related to the training of other Anago subfranchisors.
Section 3.11 - Use of Designated Suppliers.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, Section 3.8 titled "Confidentiality," the subfranchisor agrees that the agreement is strictly confidential. It states that no part or exhibit of the agreement may be discussed nor presented in any form to any person, entity, or agency outside of AFI, Inc. unless required by local, state, or federal law. This suggests that Anago aims to keep the details of the franchise agreement private, but there are exceptions if legal requirements mandate disclosure.
Furthermore, Section 3.9, "Information Security," requires the subfranchisor to implement safeguards to protect personal information, including names, addresses, telephone numbers, e-mail addresses, employee identification numbers, signatures, passwords, financial information, credit card information, biometric or health data, government-issued identification numbers, and credit report information. If a breach of security or unauthorized access involving personal information occurs, the subfranchisor must notify Anago immediately. This underscores Anago's emphasis on protecting sensitive information.
Section 6.1, "Confidential Information," states that the subfranchisor must maintain the confidentiality of the Anago Manuals and other Confidential Information and must not disclose it to any unauthorized person except as may be required by law, regulation, or court order. All current and future principals, employees, and agents of the subfranchisor involved with the Subfranchise Business and having access to the Anago Manuals or any other Confidential Information are required to sign a nondisclosure and noninterference agreement before Initial Subfranchisor Training or upon employment. This highlights the importance Anago places on keeping its operational and business information secret, extending the obligation to the subfranchisor's staff.
While these sections emphasize confidentiality, they do not specifically address whether Anago can release a franchisee's information to their landlord. A prospective franchisee should seek clarification from Anago regarding the circumstances under which franchisee information might be shared with a landlord, as the FDD does not explicitly cover this scenario.