Is the Guarantor allowed to copy or reproduce any of Bombs Away's confidential information?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
Confidential Information.** With respect to all Confidential Information Guarantor shall (a) adhere to all security procedures prescribed by Bombs Away Franchising 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 or approved in writing by Bombs Away Franchising, (d) exercise the highest degree of diligence and make every effort to maintain the confidentiality of all such information during and after the term of the Franchise Agreement, (e) not copy or otherwise reproduce any Confidential Information, and (f) promptly report any unauthorized disclosure or
use of Confidential Information. Guarantor acknowledges that all Confidential Information is owned by Bombs Away Franchising or its affiliates (except for Confidential Information which Bombs Away Franchising licenses from another person or entity). Guarantor acknowledges that all customer data generated or obtained by Guarantor is Confidential Information belonging to Bombs Away Franchising. This Section will survive the termination or expiration of the Franchise Agreement indefinitely.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, the Guarantor is explicitly prohibited from copying or reproducing any confidential information related to the franchise. The Guarantor must adhere to Bombs Away's security procedures for maintaining confidentiality. They are only allowed to disclose confidential information to their employees to the extent necessary for the business's operation.
The Guarantor is not allowed to use any confidential information in any other business or in any manner not specifically authorized or approved in writing by Bombs Away. The Guarantor must exercise the highest degree of diligence and make every effort to maintain the confidentiality of all such information during and after the term of the Franchise Agreement.
Furthermore, the Guarantor is obligated to promptly report any unauthorized disclosure or use of confidential information. The FDD specifies that all customer data generated or obtained by the Guarantor is confidential information belonging to Bombs Away. This obligation to protect confidential information survives the termination or expiration of the Franchise Agreement indefinitely, highlighting the ongoing importance of maintaining confidentiality.