What confidentiality obligations apply to arbitration or lawsuits involving a Better Blend franchise?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
With respect to all Confidential Information, Franchisee shall (a) adhere to all procedures prescribed by BBF for maintaining confidentiality, (b) disclose such information to its employees only to the extent necessary for the operation of the Business, (c) not use any such information in any other business or in any manner not specifically authorized in
writing by BBF, (d) exercise the highest degree of diligence and effort to maintain the confidentiality of all such information during and after the term of this Agreement, (e) not copy or otherwise reproduce any Confidential Information, and (f) promptly report any unauthorized disclosure or use of Confidential Information. Franchisee acknowledges that all Confidential Information is owned by BBF (except for Confidential Information which BBF licenses from another person or entity). This Section will survive the termination or expiration of this Agreement indefinitely.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
Based on the 2024 Franchise Disclosure Document, Better Blend franchisees are bound by confidentiality obligations regarding the brand's confidential information, but the document does not explicitly address confidentiality specifically within the context of arbitration or lawsuits.
Item 13.1 of the Franchise Agreement states that franchisees must adhere to Better Blend's procedures for maintaining confidentiality, disclose confidential information to employees only when necessary for business operations, avoid using such information in other ventures without written consent from Better Blend, and diligently protect the confidentiality of the information both during and after the franchise term. Franchisees must also report any unauthorized disclosure or use of confidential information. This obligation extends indefinitely beyond the termination or expiration of the Franchise Agreement.
While these clauses broadly protect Better Blend's confidential information, the FDD does not specify whether these confidentiality obligations extend to the details or proceedings of any arbitration or lawsuits involving a franchisee. A prospective franchisee should seek clarification from Better Blend regarding whether specific confidentiality agreements or clauses apply to dispute resolution processes to understand the full scope of their obligations.