Is there a confidentiality agreement included as an exhibit in the Bor Restoration FDD?
Bor_Restoration Franchise · 2024 FDDAnswer from 2024 FDD Document
EXHIBIT 6 CONFIDENTIALITY AGREEMENT
The mediator or arbitrator may require the Parties to sign a confidentiality agreement. Further, confidentiality covenants may be included in any settlement or resolution of the dispute. We have no such form now and cannot provide it as an exhibit.
EXHIBIT H APPLICATION
BOR FRANCHISING, LLC agrees not to use any confidential information obtained though this confidential questionnaire for any purpose except to evaluate and engage in discussions concerning a potential franchise relationship between applicant and R. F. Bunker.
BOR Franchising, LLC agrees not to disclose any confidential information to any third parties except as may be required by the law or a court order.
Source: Item 23 — Receipts (FDD pages 40–202)
What This Means (2024 FDD)
According to the 2024 Bor Restoration Franchise Disclosure Document, Exhibit 6 is a confidentiality agreement. This suggests that as a franchisee, you will be required to maintain the confidentiality of certain information related to Bor Restoration's business operations, trade secrets, and other proprietary knowledge.
Additionally, the FDD states that a mediator or arbitrator may require parties to sign a confidentiality agreement during dispute resolution. However, Bor Restoration does not currently have a standard form for this type of agreement to provide as an exhibit.
Furthermore, Bor Restoration includes a confidential franchise questionnaire as Exhibit H. By completing this questionnaire, the applicant agrees to allow Bor Restoration to obtain credit, criminal, and other background checks. Bor Restoration agrees not to use any confidential information obtained through this questionnaire for any purpose except to evaluate and engage in discussions concerning a potential franchise relationship, and also agrees not to disclose any confidential information to any third parties except as may be required by the law or a court order.