What is prohibited regarding the use of Boulder Designs' Trade Secrets or Confidential Information?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
) is now or subsequently becomes generally available to the public through no fault of the Individual; (b) the Individual can demonstrate was rightfully in its possession, without obligation of nondisclosure, prior to disclosure pursuant to this Agreement; (c) is
Boulder Designs® 1 Exhibit 2
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;
4. Confidentiality/Non-Disclosure
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.
5. Non-Competition
Individual agrees that for the period the Individual has a relationship with Franchisee and the period of two years after the Individual no longer has a relationship with Franchisee and has ceased engaging in the conduct stated below, Individual shall not, directly or indirectly, own an interest in, manage, operate, provide services to, carry on, be engaged in or take part in, or share in the earnings of any Competitive Business anywhere within (1) the greater of: (i) 25 miles of Franchisee's Approved Location as described in the Franchise Agreement; or (ii) the Territory, as detailed in Section 2.5 of the Franchise Agreement, also described as follows:
"Competitive Business" means any business that offers or provides (or grants franchises or licenses to others to operate a business that offers or provides) offers or sells engraved concrete signage or concrete landscaping products or other products or services that are the same as or similar to those sold by the Franchised Business or in which Trade Secrets or other Confidential Information could be used to the disadvantage of Franchisor, any Affiliate or Boulder Designs' other franchisees;
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 any of the company's Trade Secrets or Confidential Information to any other person, firm, association, or corporation, or using it for their benefit. The sole exception to this is the franchisee themselves. This prohibition applies whether the communication is in person, in writing, through the Internet, online through Social Media sites, and/or applications.
This obligation extends beyond the termination of the individual's relationship with the franchisee, regardless of the reason for termination (voluntary or involuntary). The franchisee is entitled to communicate these obligations to any future customer or employer of the individual to protect the franchisee's rights and obligations.
Furthermore, all ideas, concepts, know-how, techniques, advertising, or materials concerning the Boulder Designs system, or developed using Trade Secrets or other Confidential Information, are the sole and exclusive property of the franchisor. This applies whether or not the intellectual property is protectable and whether created by or for the franchisee, its owners, employees, or other covered persons. Any advertising materials submitted by the franchisee for review become the franchisor's property, which they may use without compensating the franchisee. The franchisor will disclose to the franchisee concepts and developments of other franchisees that are made part of the system.
During the term of the Franchise Agreement, franchisees and covered persons are prohibited from holding an interest in or performing services for any Competitive Business, either directly or indirectly. A Competitive Business is defined as any business that offers or provides engraved concrete signage or concrete landscaping products or other products or services that are the same as or similar to those sold by the franchised business, or in which Trade Secrets or other Confidential Information could be used to the disadvantage of the franchisor, any affiliate, or Boulder Designs' other franchisees.