Can an Apricot Lane Associate use Confidential Information for their own benefit after the franchise term?

According to Apricot Lane's 2025 Franchise Disclosure Document, an Associate is restricted from using Confidential Information for their own benefit both during and after the franchise term. Specifically, during the term and any renewal term of the Franchise Agreement, and for all periods after the term, the Associate cannot disclose or use Confidential Information of Apricot Lane or its affiliates for their own benefit or for the benefit of any other entity, except for the use of Apricot Lane or the Franchise Business. This restriction applies to publishing, disclosing, divulging, or communicating the Confidential Information in any manner.

The FDD defines "Confidential Information" broadly to include data, knowledge, and know-how related to the Franchise Business that is unique and the exclusive property of Apricot Lane or its affiliates. This includes, but is not limited to, drawings, materials, equipment, techniques, retail business systems, procedures for display of products, customer lists, data relating to customers, vendor lists, and merchandise lists. The FDD emphasizes that unauthorized disclosure or use of this information would be wrongful and cause irreparable harm to Apricot Lane.

Apricot Lane acknowledges the significant effort and money invested in developing Confidential Information and Trade Secrets, and the precautions taken to maintain its secrecy. The FDD also outlines exceptions to disclosing Confidential Information, such as information already in the public domain or legally compelled disclosures, provided the Franchisor is notified and given the opportunity to seek a protective order. This comprehensive approach underscores the importance Apricot Lane places on protecting its proprietary information and maintaining a competitive advantage.