Does the Apricot Lane franchise agreement define 'Trade Secret' to include a program?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
- (h) "Trade Secret(s)" shall mean information, including a customer lists, pattern, compilation, program, device, method, technique or process related to the Franchise Business that both derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to the 2025 Apricot Lane Franchise Disclosure Document, the term "Trade Secret" is explicitly defined to include a program. The franchise agreement specifies that trade secrets encompass various forms of information related to the franchise business. This definition protects Apricot Lane's valuable assets and operational methods.
For a prospective Apricot Lane franchisee, this definition means that the software, systems, and processes they will use to operate their franchise are considered trade secrets. They are legally obligated to protect this information and prevent its unauthorized disclosure or use. This obligation extends both during the term of the franchise agreement and even after its termination.
The broad definition of "Trade Secret" in the Apricot Lane franchise agreement underscores the importance of maintaining confidentiality. Franchisees must take precautions to safeguard this information, as unauthorized disclosure could result in significant harm to Apricot Lane and its affiliates. This also highlights the need for franchisees and their employees to fully understand and adhere to the non-disclosure terms outlined in the franchise agreement.