What are the permissible exceptions for disclosing Confidential Information related to a Boulder Designs franchise?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
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 obtained from a third party who has the right, without obligation of nondisclosure, to transfer or disclose such information;
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs's 2025 Franchise Disclosure Document, there are specific exceptions to what is considered confidential information. This means that under certain conditions, a franchisee or individual is not obligated to keep certain information secret.
Specifically, information is not considered confidential if it can be proven through documentation that it: (a) is currently or later becomes public knowledge without any fault of the franchisee, (b) was already rightfully in the franchisee's possession before the agreement without any obligation to keep it secret, (c) was independently developed by the franchisee without using any confidential information provided by Boulder Designs, or (d) was rightfully obtained from a third party who had the right to disclose it without any obligation of confidentiality.
These exceptions provide some protection for Boulder Designs franchisees, acknowledging that not all information can or should be kept secret indefinitely. It is important for prospective franchisees to understand these exceptions, as they define the boundaries of their confidentiality obligations under the franchise agreement. Franchisees should maintain thorough records to document any of these exceptions, should they arise, to ensure compliance and avoid potential disputes with Boulder Designs.