To whom can a Boulder Designs franchisee divulge Trade Secrets or other Confidential Information?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Individual shall not whether in person, in writing, through the Internet or online through Social Media sites and/or applications communicate or divulge to (or use for the benefit of) any other person, firm, association, or corporation, with the sole exception of Franchisee, now or at any time in the future, any of the Company's Trade Secrets or Confidential Information.
Individual's obligations under paragraph 4(a) of this Agreement shall continue in effect after termination of Individual's relationship with Franchisee as an employee, agent, officer, director, executive, manager or member of Franchisee or a holder of a legal or beneficial interest in Franchisee, regardless of the reason or reasons for termination, and whether such termination is voluntary or involuntary, and Individual shall (and Franchisee is entitled to) communicate Individual's obligations under this Agreement to any future customer or employer of Individual to the extent deemed necessary by Franchisee for protection of Franchisee's rights and obligations herein.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, an individual is prohibited from communicating or divulging the company's Trade Secrets or Confidential Information to any other person, firm, association, or corporation. The sole exception to this rule is the franchisee themselves. This restriction applies whether the communication is in person, in writing, through the Internet, online via social media sites or applications, or any other means.
This obligation extends beyond the termination of an individual's relationship with the franchisee, regardless of the reason for termination (voluntary or involuntary) or their role (employee, agent, officer, director, executive, manager, member, or holder of a legal or beneficial interest). The franchisee is entitled to inform any future customer or employer of the individual about these confidentiality obligations to protect the franchisee's rights.
This stringent confidentiality requirement is typical in franchising to protect the franchisor's intellectual property and competitive advantage. Prospective Boulder Designs franchisees should understand that they and their employees will be bound by these confidentiality obligations, even after their relationship with the franchise ends. This could impact hiring and employee management practices, as well as any potential sale of the franchise.