Does the Apricot Lane franchise agreement define 'Confidential Information' to include databases in electronic form?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) "Confidential Information" shall mean without limitation, all knowledge, know- how, standards, methods and procedures related to the establishment and operation of the Franchise Business and includes all records pertaining to customers, suppliers, and other service providers of, and/or related in any way to, the Franchise Business including, without limitation, all databases (whether in print, electronic or other form), all names, addresses, phone numbers, e-mail addresses, customer purchase records, mail lists, manuals, promotional and marketing materials, marketing strategies and any other data and information that the Franchisor or its affiliates designates as confidential including all information contained in the Franchisor's Operations Manual, which may be provided as one or more separate manuals, written instructional guides, CD Rom, or other communications from the Franchisor or its affiliates, which may be changed or supplemented from time to time.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to the 2025 Apricot Lane FDD, the franchise agreement explicitly defines 'Confidential Information' to include databases in electronic form. This definition encompasses all knowledge, know-how, standards, methods, and procedures related to the establishment and operation of the Apricot Lane franchise business. This broad definition extends to all records pertaining to customers, suppliers, and other service providers associated with the franchise.
Specifically, the definition of 'Confidential Information' includes all databases, regardless of whether they are in print, electronic, or other formats. It also covers names, addresses, phone numbers, e-mail addresses, customer purchase records, mail lists, manuals, promotional and marketing materials, marketing strategies, and any other data and information that Apricot Lane designates as confidential. This includes all information contained in Apricot Lane's Operations Manual, which may be provided in various formats such as written manuals, instructional guides, CD-ROMs, or other communications, and may be updated periodically.
For a prospective Apricot Lane franchisee, this means that all of the listed information, especially customer databases in electronic form, must be treated as strictly confidential. Franchisees are responsible for protecting this information and ensuring it is not disclosed to unauthorized parties. This obligation extends both during the term of the franchise agreement and after its termination or expiration. Failure to comply with these confidentiality requirements could result in legal action and potential damages, as Apricot Lane is entitled to seek immediate equitable remedies, including restraining orders and injunctive relief, to protect its confidential information.