What is considered 'Confidential Information' under the Benjamin Franklin Plumbing franchise agreement?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
13. CONFIDENTIAL INFORMATION
- 13.1. Nondisclosure. You are prohibited, both during and after the term of this Agreement, from communicating or divulging Confidential Information to any unauthorized person and from using Confidential Information for your benefit or for the benefit of any other person, other than for operation of the Franchised Business. You may divulge Confidential Information only: (i) to your employees and agents who must have access in order to carry out their duties relating to the Franchised Business; and (ii) to your contractors and landlord with our prior written approval. All information that we designate as confidential will be deemed to be Confidential Information for purposes of this Agreement.
- 13.2. Individuals Affiliated with the Franchised Business. At our request, the Owners, Key Person, and any employees we designate are required to sign a separate Confidentiality and Non-Compete Agreement in the form of Appendix C to this Agreement. At our request, you are required to use best efforts to obtain signed confidentiality agreements from your landlord, contractors, and any other person outside of your organization to whom you wish to disclose any of our Confidential Information. The confidentiality agreements are required to be in a form satisfactory to us and identify us as a third-party beneficiary with the independent right to enforce the agreement.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, franchisees are prohibited from communicating or divulging Confidential Information to any unauthorized person during and after the term of the agreement. They are also restricted from using Confidential Information for their own benefit or the benefit of any other person, except for the operation of the franchised business. Franchisees may only share Confidential Information with employees and agents who need access to perform their duties related to the franchised business, and with contractors and landlords, but only with prior written approval from Benjamin Franklin Plumbing. All information that Benjamin Franklin Plumbing designates as confidential is considered Confidential Information.
Benjamin Franklin Plumbing requires that Owners, Key People, and designated employees sign a separate Confidentiality and Non-Compete Agreement, which is included as Appendix C to the Franchise Agreement. Franchisees are also required to use their best efforts to obtain signed confidentiality agreements from their landlord, contractors, and any other person outside of their organization to whom they wish to disclose any Confidential Information. These confidentiality agreements must be in a form satisfactory to Benjamin Franklin Plumbing and identify them as a third-party beneficiary with the independent right to enforce the agreement.
This means that as a Benjamin Franklin Plumbing franchisee, you must take precautions to protect sensitive business information. This includes limiting access to Confidential Information, securing agreements from third parties who may have access, and ensuring compliance from your employees. Failure to protect this information could result in legal action from Benjamin Franklin Plumbing.