factual

How does Better Homes And Gardens Real Estate define "Confidential Information"?

Q: How does Better Homes And Gardens Real Estate define "Confidential Information"?

- **"Confidential Information"** means information owned or licensed by us and involving the operation of the Business, including without limitation, the P&P Manual, procedures related to our proprietary communications and referral systems, and other methods and information. Confidential Information does not include information that (a) is or becomes generally available to the public; (b) was within the recipient's possession prior to it being furnishes; (c) is or becomes available to the recipient from a source that is not, to its knowledge, prohibited from disclosing such information to it by a legal, contractual, or fiduciary obligation of confidentiality; or (d) is independently developed by the recipient. Source: Item 22 — CONTRACTS (FDD page 76)

Better_Homes_And_Gardens_Real_Estate Franchise · 2025 FDD

Answer from 2025 FDD Document

"Confidential Information" means information owned or licensed by us and involving the operation of the Business, including without limitation, the P&P Manual, procedures related to our proprietary communications and referral systems, and other methods and information. Confidential Information does not include information that (a) is or becomes generally available to the public; (b) was within the recipient's possession prior to it being furnishes; (c) is or becomes available to the recipient from a source that is not, to its knowledge, prohibited from disclosing such information to it by a legal, contractual, or fiduciary obligation of confidentiality; or (d) is independently developed by the recipient.

Source: Item 22 — CONTRACTS (FDD page 76)

What This Means (2025 FDD)

According to the 2025 Better Homes And Gardens Real Estate Franchise Disclosure Document, Confidential Information is defined as data owned or licensed by Better Homes And Gardens Real Estate that pertains to the operation of the Business. This includes, but is not limited to, the Policies and Procedures (P&P) Manual, procedures related to their proprietary communications and referral systems, and other methods and information.

However, the definition also specifies exclusions. Information is not considered confidential if it (a) is already public knowledge, (b) was already in the recipient's possession, (c) becomes available from another source not bound by confidentiality, or (d) is independently developed by the recipient.

For a prospective Better Homes And Gardens Real Estate franchisee, this definition is important because it outlines what information they must protect and keep secret during the franchise term and after its expiration or termination. It also clarifies what information they are not obligated to keep confidential, which can be helpful in understanding their rights and obligations. Franchise agreements typically have strict confidentiality clauses, and this definition helps to clarify the scope of those clauses for Better Homes And Gardens Real Estate.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.

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