To whom can a Bor Restoration franchisee disclose Proprietary Information?

According to Bor Restoration's 2024 Franchise Disclosure Document, a franchisee can disclose Proprietary Information to their employees, agents, and representatives who must have access to it to operate the business. However, the franchisee must first obtain 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, to any person during or after their term of employment, representation, or agency.

This policy ensures that while necessary personnel have access to sensitive information, there are safeguards in place to prevent unauthorized disclosure. This is a common practice in franchising to protect the brand's competitive advantage and maintain consistency across all franchise locations. The agreement from employees, agents, and representatives creates a legally binding obligation to maintain confidentiality.

The franchisee is responsible for ensuring these agreements are in place and enforced. Failure to comply with these requirements could result in irreparable injury to Bor Restoration, potentially leading to legal action such as specific performance or an injunction against any violation. Franchisees should be diligent in managing access to Proprietary Information and ensuring all relevant parties understand and adhere to the confidentiality requirements.

Bor Restoration retains the sole right to license and control the use of every component of the Proprietary Information. Franchisees are granted a limited, non-exclusive license to use the Proprietary Information solely for the operation of their franchised business, as outlined in the Franchise Agreement. This underscores that franchisees do not acquire any ownership or enduring rights to the Proprietary Information beyond what is necessary for operating the franchise under the terms of the agreement.