What rights does Anago have as a third-party beneficiary of the confidentiality covenants?

According to Anago's 2025 Franchise Disclosure Document, all individuals who are permitted access to Anago's manuals or any other confidential information must first sign Anago's confidentiality agreement. Anago is identified as a third-party beneficiary within these agreements. This grants Anago the independent right to enforce the confidentiality agreements.

This means that Anago has the right to directly take legal action against any individual who violates the confidentiality agreement, even if that individual is not directly contracted with Anago. This is a significant protection for Anago, as it allows them to safeguard their confidential information and trade secrets.

For a prospective Anago subfranchisee, this clause highlights the importance of ensuring that all employees and unit franchisees who have access to confidential information sign the required confidentiality agreements. Failure to do so could expose the subfranchisee to liability if a breach of confidentiality occurs. It also demonstrates Anago's commitment to protecting its proprietary information, which is a common practice in franchising to maintain a competitive advantage and protect the brand's integrity.