Is there an exception to the confidentiality restrictions for Bang Cookies franchisees?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee agrees that the foregoing covenants and obligations shall also apply to: (a) Franchisee's Owners and Spouses and that Franchisee's Owners and Spouses shall each execute and deliver to Franchisor the Franchise Owner and Spouse Agreement and Guaranty in the form attached to this Agreement as Exhibit 1; and (b) Franchisee's directors, officers, employees and agents where disclosure of the Confidential Information was necessary for the operations of the Franchised Business and where such director, officer, employee and/or agent previously executed and timely delivered to Franchisor the Confidentiality Agreement in the form attached as Exhibit 2.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, confidentiality restrictions apply to franchisees, their owners, spouses, directors, officers, employees, and agents. However, these restrictions on directors, officers, employees, and agents apply only where the disclosure of confidential information was necessary for the Bang Cookies business's operations and where they have previously executed and delivered a Confidentiality Agreement to Bang Cookies. This agreement is in the form attached as Exhibit 2 to the Franchise Agreement.
This means that while franchisees themselves and their immediate family members (owners and spouses) are always bound by confidentiality, the obligation extends to employees and other related parties only if their roles require access to confidential information and they've signed a specific confidentiality agreement. This agreement ensures that those with access to sensitive information are legally bound to protect it.
Prospective Bang Cookies franchisees should carefully review the Confidentiality Agreement (Exhibit 2) to understand the scope of information considered confidential and the specific obligations of their employees and agents. Franchisees should also ensure that all relevant personnel sign the agreement before being granted access to any confidential information to maintain compliance and protect the Bang Cookies system.