What are the Aplus franchisee's obligations regarding non-disclosure agreements for individuals affiliated with the franchise?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
7.4. Nondisclosure Agreements with Certain Individuals
Franchisor has the right to require any holder of a legal or beneficial interest in Franchisee (and any member of their immediate families or households), and any officer, director, executive, manager, or member of the professional staff and all employees of Franchisee to execute a nondisclosure agreement, in a form the same as or similar to the Non-Disclosure Agreement attached as Attachment 2, upon execution of this Agreement or prior to each such person's affiliation with Franchisee. Upon Franchisor's request, Franchisee shall provide Franchisor with copies of all Non-Disclosure agreements signed pursuant to this Section 7.4. Such agreements shall remain on file at the offices of Franchisee and are subject to audit or review as otherwise set forth herein. Franchisor shall be a third party beneficiary with the right to enforce covenants contained in such agreements.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, Aplus has the right to require certain individuals affiliated with the franchisee to execute a non-disclosure agreement. These individuals include anyone holding a legal or beneficial interest in the franchisee, members of their immediate families or households, and any officer, director, executive, manager, member of the professional staff, and all employees of the franchisee.
The non-disclosure agreement must be in a form similar to the one included as Attachment 2 in the Franchise Disclosure Document. This agreement should be executed upon the execution of the franchise agreement or before the person's affiliation with the franchisee.
Upon Aplus's request, the franchisee must provide copies of all signed non-disclosure agreements. These agreements must be kept on file at the franchisee's office and are subject to audit or review. Aplus is considered a third-party beneficiary of these agreements and has the right to enforce the covenants within them. This ensures that Aplus can protect its confidential information and trade secrets by holding these individuals accountable directly.