Under what circumstances am I, as an Owner, permitted to disclose Aplus confidential information?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
I will comply with all of the provisions contained in Article 6 of the Development Agreement concerning the use of the Confidential Information.
I will maintain the confidentiality of all Confidential Information disclosed to me.
I agree to use the Confidential Information only for the purposes authorized under the Development Agreement.
I further agree not to disclose any of the Confidential Information, except (a) to the Developer's employees on a need to know basis, (b) to the Developer's and my legal and tax professionals to the extent necessary for me to meet my legal obligations, and (c) as otherwise may be required by law.
Source: Item 22 — CONTRACTS (FDD page 68)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, as an Owner, your ability to disclose confidential information is limited. You must maintain the confidentiality of all confidential information disclosed to you and agree to use it only for authorized purposes under the Development Agreement.
Specifically, you are permitted to disclose confidential information only under the following circumstances: (a) to the Developer's employees on a need-to-know basis, (b) to the Developer's and your legal and tax professionals to the extent necessary for you to meet your legal obligations, and (c) as otherwise may be required by law.
It's important to note that this obligation to maintain confidentiality survives the expiration or termination of the Development Agreement. This means that even after you are no longer an Owner, you must continue to protect Aplus's confidential information, except under the specific circumstances outlined in the agreement.