During what periods is an Apricot Lane Associate prohibited from publishing or disclosing Confidential Information?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
- **3.
Nondisclosure of Confidential Information.** During the Term and any renewal Term of the Franchise Agreement and for all periods after the Term and any renewal Term of the Franchise Agreement, Associate shall not at any time, publish, disclose, divulge or in any manner communicate . to any person, firm, corporation, association, partnership or any other entity whatsoever or use, directly or indirectly, for its own benefit or for the benefit of any person, firm, corporation or other entity other than for the use of the Franchisor or the Franchise Business, any of the Confidential Information of the Franchisor or its affiliates.
- **4.
Exceptions to Disclosing Confidential Information.** Notwithstanding the foregoing, the restrictions on the disclosure and use of the Confidential Information will not apply to the following: (a) information that was in the public domain prior to being communicated to Associate through no fault of Associate; (b) information that entered the public domain after it was Communicated to Associate through no fault of Associate; (c) information that was in Associate's possession free of any obligation of confidence at the time it was communicated to Associate; or (d) the disclosure of the Confidential Information in judicial or administrative proceedings to the extent that Associate is legally compelled to disclose the information, if Associate has notified the Franchisor before disclosure and used Associate's best efforts, and afforded the
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, an Associate is prohibited from disclosing Confidential Information during the term and any renewal term of the Franchise Agreement, and also for all periods after the term and any renewal term of the Franchise Agreement. This means the obligation to keep information confidential extends indefinitely beyond the duration of the franchise agreement.
This obligation is comprehensive, as the Associate agrees not to publish, disclose, divulge, or communicate Confidential Information in any manner to any person or entity. This restriction applies whether the Associate is acting directly or indirectly, for their own benefit, or for the benefit of any other person or entity, except for the use of the Franchisor or the Apricot Lane Franchise Business.
There are some exceptions to this rule. The restrictions do not apply to information that was already public knowledge before it was communicated to the Associate, or if it becomes public knowledge later through no fault of the Associate. Also, if the Associate possessed the information without any confidentiality obligation before it was communicated to them, or if the Associate is legally compelled to disclose the information in legal proceedings, provided they notify Apricot Lane beforehand and try to obtain a protective order, the restrictions do not apply.