Does the Bevaris Alliance agreement specify any permitted uses of Confidential Information?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
27.3 Confidentiality.
- (a) Each party undertakes that it shall not at any time or at any time during this agreement, and for a period of two years after termination of this agreement, disclose to any person any Confidential Information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 27.3(b).
- (b) Each party may disclose the other party's Confidential Information:
- (i) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising the party's right's or carrying out its obligations under this agreement. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's Confidential Information comply with this clause 27.3(b); and
- (ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- (c) No party shall use any other party's Confidential Information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, the franchise agreement outlines specific conditions under which a party can disclose the other party's Confidential Information.
The agreement permits disclosure to employees, officers, representatives, subcontractors, or advisors who need the information to fulfill their duties or exercise rights under the agreement. Bevaris Alliance requires that these individuals comply with the confidentiality clause. Additionally, disclosure is allowed if mandated by law, a court of competent jurisdiction, or any governmental or regulatory authority.
However, the agreement explicitly states that no party shall use another party's Confidential Information for any purpose other than to exercise its rights and perform its obligations under or in connection with the agreement. This clause ensures that confidential information is protected and used solely for the benefit of the Bevaris Alliance franchise relationship.
This means a franchisee must ensure all staff and advisors are aware of the confidential nature of the information and are legally bound to protect it. Any unauthorized use or disclosure could result in legal repercussions and damage the Bevaris Alliance brand.