Who is identified as a third-party beneficiary of the confidentiality covenants for an Anago franchise?

According to Anago's 2025 Franchise Disclosure Document, Anago is identified as a third-party beneficiary with the independent right to enforce the confidentiality agreements that franchisees require their employees or unit franchisees to sign. This means that Anago has the legal right to directly enforce these confidentiality agreements, even though they are agreements between the franchisee and their employees or unit franchisees.

This is a significant protection for Anago, as it allows them to safeguard their confidential information and trade secrets. If a franchisee's employee or unit franchisee breaches a confidentiality agreement, Anago can take legal action directly against the breaching party, without having to rely on the franchisee to do so. This independent right of enforcement strengthens Anago's ability to maintain the secrecy of its proprietary information.

For a prospective Anago franchisee, this clause underscores the importance of ensuring that all employees and unit franchisees who have access to Anago's confidential information sign the required confidentiality agreements. It also highlights the potential legal ramifications if these agreements are breached, not only for the direct parties involved but also for the Anago franchisor.