What exceptions exist regarding the confidentiality of information disclosed by Augusta Lawn Care?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge and agree that the information, ideas, forms, marketing plans and other materials disclosed to You under this Agreement, whether or not included in the Manual, are confidential and proprietary information and trade secrets of Augusta Lawn Care. Any and all information, knowledge and techniques which Augusta Lawn Care designates as confidential shall be deemed confidential for purposes of this Agreement, except information which You can demonstrate came to Your attention prior to disclosure thereof by Augusta Lawn Care or which, at or after the time of disclosure by Augusta Lawn Care to You, had become or later becomes a part of the public domain, through publication or communication by others. You agree to maintain the confidentiality of all such material. You may not disclose any such information to any third-party, except to Your employees and agents, as necessary in the regular conduct of the Augusta Lawn Care Business, and except as authorized in writing by Augusta Lawn Care. You shall be responsible for requiring compliance of Your Related Parties and employees with the provisions of this Section. You shall obtain signed Nondisclosure, Nonsolicitation and Noncompetition Agreements, in the form of Exhibit E to this Agreement, from Your Related Parties and employees, and send Augusta Lawn Care a copy of each such agreement upon demand.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, franchisees must maintain the confidentiality of information, ideas, forms, marketing plans, and other materials disclosed to them. This includes anything designated as confidential by Augusta Lawn Care. However, there are exceptions to this rule.
Specifically, the confidentiality requirement does not apply to information that the franchisee can demonstrate was already known to them prior to its disclosure by Augusta Lawn Care. Additionally, information that becomes part of the public domain through publication or communication by others, at or after the time Augusta Lawn Care discloses it, is also exempt from the confidentiality requirement.
Franchisees are permitted to disclose confidential information to their employees and agents if it's necessary for the regular operation of the Augusta Lawn Care business. However, this is contingent on the franchisee ensuring that these related parties also comply with the confidentiality provisions. Franchisees must obtain signed Nondisclosure, Nonsolicitation, and Noncompetition Agreements from their related parties and employees, providing copies to Augusta Lawn Care upon request.