For Bevaris Alliance, what is the duration of the confidentiality obligation after the termination of the agreement?
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, franchisees are bound by confidentiality obligations both during the term of the franchise agreement and for a period of two years after the agreement's termination. This means that after the franchise agreement ends, whether through expiration or termination, the franchisee must continue to protect any confidential information related to the Bevaris Alliance business.
This obligation extends to any information concerning the business, affairs, customers, clients, or suppliers of Bevaris Alliance. However, there are exceptions. Franchisees are permitted to disclose confidential information to their employees, officers, representatives, subcontractors, or advisors who need to know the information to fulfill obligations under the agreement, provided they ensure these parties also comply with the confidentiality clause.
Additionally, disclosure is allowed if required by law, a court, or any governmental or regulatory authority. However, franchisees are prohibited from using any confidential information for purposes other than exercising their rights and performing their obligations related to the Bevaris Alliance franchise agreement. This ensures that franchisees cannot leverage confidential information gained during their time with Bevaris Alliance for their own benefit or to the detriment of the franchisor after the agreement concludes.