Does the Apricot Lane franchise agreement define 'Trade Secret' to include a technique?
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 FDD, the definition of 'Trade Secret' does include a technique. The franchise agreement defines trade secrets as information related to the franchise business that has economic value due to its secrecy and is subject to reasonable efforts to maintain that secrecy. This definition specifically includes a "technique" as an example of what constitutes a trade secret.
This means that Apricot Lane franchisees are obligated to protect any techniques related to the operation of the franchise. This obligation extends both during the term of the franchise agreement and even after the agreement ends, as long as the information remains a trade secret. Unauthorized disclosure or use of these trade secrets could result in significant harm to Apricot Lane, and franchisees are prohibited from using these secrets for their own benefit or for the benefit of anyone other than Apricot Lane.
Apricot Lane franchisees should be aware of the broad scope of this definition and take appropriate measures to safeguard any information that could be considered a trade secret, including operational techniques. This could involve limiting access to sensitive information, implementing security protocols, and training employees on the importance of maintaining confidentiality.