For a Boulder Designs franchise, can I divulge Trade Secrets and other Confidential Information to anyone?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
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. You and your employees do not have the right to utilize any of the Trade Secrets and Confidential Information stated above, or the common law copyrighted materials including the guidelines, curriculums, classes, management and business training, community building mechanisms, vision statements, books, signage, promotional materials, Manual, training materials, Franchise Agreements, and any other documents, materials and items for the general ambiance and decor used in the operation of the System and the Boulder Designs Businesses on any Social Media sites or applications, even if made from a personal Social Media account. Further, 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.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 36–37)
What This Means (2025 FDD)
According to the 2025 Boulder Designs Franchise Disclosure Document, franchisees are restricted in divulging trade secrets and confidential information. Boulder Designs provides trade secrets and confidential information during training, in the manual, and through ongoing assistance. Franchisees are permitted to share this information only with employees who require access to it for operating the franchised business. The franchisee is responsible for ensuring that these employees also maintain confidentiality.
Furthermore, certain individuals with access to trade secrets, such as owners, directors, managers, and their immediate families, must sign non-disclosure and non-competition agreements. Boulder Designs is a third-party beneficiary of these agreements and has the right to enforce them.
The FDD also states that franchisees and their employees are prohibited from using trade secrets and confidential information on social media sites, even from personal accounts. Any unauthorized representations regarding profits or earnings on social media are considered a breach of confidentiality, and the franchisee will be responsible for associated legal costs. These measures are in place to protect Boulder Designs' proprietary information and maintain consistency across all franchise locations.