Under what circumstances does the confidentiality obligation for Bananas Smoothies Frozen Yogurt terminate after an Officer/Employee's employment ends?

According to the 2025 Bananas Smoothies Frozen Yogurt FDD, the confidentiality obligation of an Officer/Employee (referred to as "Developer" in the agreement) survives the termination of their employment. This obligation continues indefinitely until certain conditions are met.

Specifically, the confidentiality obligation ends if the confidential information has been voluntarily disclosed to the public by Everything Yogurt Brands (EYB), the parent company of Bananas Smoothies Frozen Yogurt. It also terminates if the information is independently developed and disclosed by others, meaning someone outside the company creates and shares the same information without relying on EYB's confidential data.

Finally, the obligation ceases if the confidential information otherwise enters the public domain through lawful means. This could include situations where the information becomes publicly available through legal processes or other legitimate channels, making it no longer protectable as confidential. Therefore, franchisees and their employees must maintain confidentiality indefinitely unless one of these specific exceptions occurs.