To whom am I allowed to disclose Bor Restoration's Proprietary Information?
Bor_Restoration Franchise · 2024 FDDAnswer from 2024 FDD Document
- e.
You will disclose Proprietary Information only to your employees, agents, and representatives, as must have access to it to operate the Business.
You will obtain from each such employee, representative, or agent an agreement that such Person will not during employment, representation, or agency with you, or at any time after that, use, divulge, disclose, or communicate any of the Proprietary Information, directly or indirectly, in any form or manner, to any Person.
Source: Item 23 — Receipts (FDD pages 40–202)
What This Means (2024 FDD)
According to Bor Restoration's 2024 Franchise Disclosure Document, as a franchisee, you are permitted to disclose Proprietary Information only to your employees, agents, and representatives who require access to it for the purpose of operating the Bor Restoration business. This disclosure is contingent upon obtaining an agreement from each employee, representative, or agent, ensuring they will not use, divulge, disclose, or communicate any of the Proprietary Information, directly or indirectly, during or after their association with you.
This condition is in place to protect Bor Restoration's confidential business information and maintain a competitive advantage. The definition of Proprietary Information is broad, encompassing aspects of the business such as franchisee lists, client lists, franchise agreement terms, the System's components, financial characteristics, services, copyrighted materials, manuals, and Marks.
Failure to comply with these requirements could result in irreparable injury to Bor Restoration, potentially leading to legal action, including specific performance or an injunction against any violation. Franchisees do not have the right to license or control the use of any component of the Proprietary Information, as Bor Restoration retains sole control over it. Franchisees are granted a limited, non-exclusive license to use the Proprietary Information solely for operating the Business as outlined in the Franchise Agreement.
These restrictions remain in effect during the term of the Franchise Agreement and even after its expiration, termination, or transfer. Bor Restoration also reserves the right to require franchisees, officers, directors, shareholders, members, managers, and employees in management positions to sign a non-disclosure and non-competition agreement.