Who is required to sign non-disclosure and non-competition agreements for a Boulder Designs franchise?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 36–37)
What This Means (2025 FDD)
According to Boulder Designs's 2025 Franchise Disclosure Document, certain individuals with access to trade secrets or other confidential information are required to sign non-disclosure and non-competition agreements. These individuals include the owners, directors, and any managers of the business. The agreement also extends to members of their immediate families and collaterals. Boulder Designs is identified as a third-party beneficiary with the independent right to enforce these agreements.
This requirement ensures that sensitive business information remains protected. By including owners, directors, managers, and their families, Boulder Designs aims to create a comprehensive shield against potential leaks of confidential data. The fact that Boulder Designs can independently enforce these agreements underscores the importance they place on safeguarding their trade secrets and proprietary information.
In the franchise industry, it is common practice to have non-disclosure and non-competition agreements to protect the franchisor's intellectual property and business methods. The scope of who must sign these agreements can vary, but typically includes those in key management positions and sometimes extends to family members who may have access to confidential information. Prospective franchisees should carefully review the terms of these agreements to understand their obligations and restrictions.
For a potential Boulder Designs franchisee, this means understanding who within their organization and family will be required to sign these agreements. It's crucial to review the specific terms of the Non-Disclosure and Non-Competition Agreement attached to the Franchise Agreement to fully grasp the extent of the obligations and restrictions imposed.