What documentary evidence can a Boulder Designs franchisee use to demonstrate that information is not considered 'Confidential Information'?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
t, and all other knowledge and know-hows, and any other information identified as confidential when delivered by Franchisor. Confidential Information shall not include, however, any information established by documentary evidence that: (a) is now or subsequently becomes generally available to the public through no fault of Franchisee; (b) Franchisee can demonstrate was rightfully in its possession, without obligation of nondisclosure, prior to disclosure pursuant to this Agreement; (c) is independently developed without the use of any Confidential Information; or (d) is rightfully
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, a franchisee can use documentary evidence to demonstrate that certain information is not considered "Confidential Information" under specific circumstances. This is important because the franchise agreement places significant restrictions on the use and disclosure of confidential information to protect Boulder Designs' competitive advantage.
The FDD outlines four scenarios where information, if supported by documentary evidence, would not be classified as confidential. These include situations where the information (a) is already publicly available through no fault of the franchisee, (b) was rightfully in the franchisee's possession before the franchise agreement without any obligation of non-disclosure, (c) was independently developed by the franchisee without using any confidential information from Boulder Designs, or (d) was rightfully obtained from a third party who had the right to disclose it without any restrictions.
For a prospective Boulder Designs franchisee, this means maintaining thorough records and documentation to support any claim that information falls under these exceptions. Examples of documentary evidence could include dated receipts, prior agreements, publicly available publications, or records of independent research and development. Failure to provide sufficient documentation could result in the information being treated as confidential, subjecting the franchisee to potential legal repercussions for unauthorized use or disclosure.