After termination of the Bens Soft Pretzels agreement, must the franchisee continue to comply with the confidentiality provisions?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge that certain information related to your participation in our website or intranet system may be considered Confidential Information, including access codes and identification codes. Your right to participate in our website and intranet or extranet system, or otherwise use the Trademarks or System on the Internet or other online communications, will terminate when this Agreement expires or terminates.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, franchisees may be required to keep certain information confidential, including access codes and identification codes related to the Bens Soft Pretzels website or intranet system.
The FDD states that a franchisee's right to participate in the Bens Soft Pretzels website and intranet or extranet system, or otherwise use the Trademarks or System on the Internet or other online communications, will terminate when the Franchise Agreement expires or terminates. This suggests that confidentiality obligations related to online systems and trademarks continue even after the agreement ends.
However, the FDD does not explicitly state whether all confidentiality provisions in the Franchise Agreement continue after termination. Prospective franchisees should carefully review the Franchise Agreement, specifically the sections on confidentiality and post-termination obligations, to fully understand the scope and duration of these requirements. It would be prudent to seek clarification from Bens Soft Pretzels regarding which specific confidentiality obligations survive the termination of the agreement.