Does the Boulder Designs franchise agreement require me to keep proprietary information confidential?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
l in an unauthorized manner. Further, all information is proprietary and the Franchise Agreement require you to keep such information confidential.
Our affiliate, Mogavero Investments has granted us a license, dated December 1, 2017, to use and sublicense for the use of its domain name www.boulderdesigns.net. The term of the license is for 99 years; however, the license agreement may be terminated if we take any affirmative act of insolvency, if a receiver or trustee is appointed to take possession of our properties and is not discharged within 90 days, if we wind up, sell, consolidate or merge our business, or if we breach any of our duties and obligations under the license and do not cure the breach within 60 days following written notice of the breach. You will have continued right to the proprietary information even if we are terminated.
We know of no currently effective determinations of the U.S. Copyright Office or any court regarding any of our copyrighted materials. Except as stated above, our right to use or license copyrighted items is not materially limited by any agreement or known infringing use.
We have developed certain Trade Secrets and other Confidential Information, including methods of business management, sales and promotion techniques, and know-how, knowledge of, and experience in, operating a Boulder Designs Business. We will provide our Trade Secrets and other Confidential Information to you during training, in the Manual and as a result of the assistance We furnish you during the term of the franchise. You may only use the Trade Secrets and other Confidential Information for the purpose of operating your Franchised Business. You may only divulge Trade Secrets and other Confidential Information to employees who must have access to it in order to operate the Franchised Business. You are responsible for enforcing the confidentiality provisions as to your employees.
Certain individuals with access to Trade Secrets or other Confidential Information, including the owners, directors and any managers of the business (and members of their immediate families and collaterals), are required to sign nondisclosure and non-competition agreements in a form the same as or similar to the Non-Disclosure and Non-Competition Agreement attached to the Franchise Agreement. We will be a third-party beneficiary with the independent right to enforce the agreements.
We have the sole right to maintain Social Media sites and applications such as: Twitter, Facebook, Pinterest, LinkedIn and other sites and applications that we may establish. We do not allow you to establish or utilize Social Media sites or applications for business purposes.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 36–37)
What This Means (2025 FDD)
According to Boulder Designs's 2025 Franchise Disclosure Document, the franchise agreement does require franchisees to keep proprietary information confidential. The FDD specifies that all information is proprietary, and the Franchise Agreement mandates that franchisees maintain confidentiality. This includes not duplicating or disclosing any portion of the Manual in an unauthorized manner. Boulder Designs will provide Trade Secrets and other Confidential Information to you during training, in the Manual and as a result of the assistance We furnish you during the term of the franchise.
This confidentiality extends to methods of business management, sales and promotion techniques, and know-how related to operating a Boulder Designs Business. Franchisees are only allowed to share this information with employees who need it to operate the business and are responsible for ensuring their employees also adhere to these confidentiality requirements. Certain individuals with access to Trade Secrets or other Confidential Information, including the owners, directors and any managers of the business (and members of their immediate families and collaterals), are required to sign nondisclosure and non-competition agreements.
Furthermore, franchisees agree not to contest Boulder Designs's ownership of intellectual property rights, including copyrights, trade dress, trade secrets, and the System itself. Franchisees must disclose any ideas, concepts, or techniques related to the Franchised Business to Boulder Designs, which will be deemed their property. Any representations from you, or your employees regarding your profits or earnings made on any Social Media site or application, even if made from a personal Social Media account, is deemed a breach of Confidential Information under the Franchise Agreement, and you will be responsible for indemnifying and reimbursing us all legal, penalties, fines, and court costs associated with your unauthorized representations.
These measures are typical in franchising to protect the brand's competitive advantage and proprietary systems. Prospective Boulder Designs franchisees should carefully review the Non-Disclosure and Non-Competition Agreement attached to the Franchise Agreement to fully understand their obligations and potential liabilities related to confidentiality.