Under what circumstances can a Benjamin Franklin Plumbing franchisee divulge Confidential Information?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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 generally prohibited from communicating or divulging Confidential Information to any unauthorized person, both during and after the term of the Franchise Agreement. However, there are specific circumstances under which a franchisee may divulge Confidential Information.
First, a Benjamin Franklin Plumbing franchisee may disclose Confidential Information to their employees and agents who must have access to it in order to perform their duties related to the Franchised Business. Second, a franchisee may disclose Confidential Information to their contractors and landlord, but only with the prior written approval of Benjamin Franklin Plumbing.
It is important to note that all information designated as confidential by Benjamin Franklin Plumbing will be deemed Confidential Information for the purposes of the Franchise Agreement. Additionally, Benjamin Franklin Plumbing may require the franchisee to obtain signed confidentiality agreements from their landlord, contractors, and any other person outside of their organization to whom they wish to disclose 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.