Is there any time limit on the confidentiality obligation for Bevaris Alliance during the term 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 have confidentiality obligations during the term of the agreement and for a period of two years after the termination of the agreement. Specifically, each party agrees not to disclose any confidential information regarding the business, affairs, customers, clients, or suppliers of the other party.
However, there are exceptions to this confidentiality obligation. A party may disclose confidential information to its employees, officers, representatives, subcontractors, or advisors who need to know the information to fulfill their obligations under the agreement. In such cases, the disclosing party must ensure that these individuals comply with the confidentiality clause. Additionally, disclosure is permitted if required by law, a court of competent jurisdiction, or any governmental or regulatory authority.
Furthermore, no party is allowed to use another party's confidential information for any purpose other than exercising its rights and performing its obligations as outlined in the franchise agreement. This clause ensures that confidential information remains protected and is only used for the intended purposes related to the Bevaris Alliance franchise operation.