Is the Boulder Designs franchisee entitled to communicate the individual's confidentiality obligations to any future customer or employer of the individual?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
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, a franchisee is entitled to communicate an individual's confidentiality obligations to any future customer or employer of that individual. This entitlement is specifically related to protecting the franchisee's rights and obligations under the agreement.
This means that if a Boulder Designs franchisee hires an individual who has access to the company's trade secrets or confidential information, the franchisee can inform any future customers or employers of that individual about their confidentiality obligations. This is to ensure that the individual does not disclose any sensitive information that could harm the Boulder Designs business.
This clause remains in effect even after the individual's relationship with the franchisee ends, regardless of the reason for termination (voluntary or involuntary). This provision aims to safeguard Boulder Designs' confidential information and trade secrets by allowing franchisees to take proactive measures to prevent unauthorized disclosure by former employees or associates.