What is my responsibility as a Boulder Designs franchisee regarding the confidentiality of employees?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
ent or known infringing use.
We have developed certain Trade Secrets and other Confidential Information, including methods of business management, sales and promotion techniques, and know-how, knowledge of, and experience in, operating a Boulder Designs Business. We will provide our Trade Secrets and other Confidential Information to you during training, in the Manual and as a result of the assistance We furnish you during the term of the franchise. You may only use the Trade Secrets and other Confidential Information for the purpose of operating your Franchised Business. You may only divulge Trade Secrets and other Confidential Information to employees who must have access to it in order to operate the Franchised Business. You are responsible for enforcing the confidentiality provisions as to your employees.
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.
We have the sole right to maintain Social Media sites and applications such as: Twitter, Facebook, Pinterest, LinkedIn and other sites and applications that we may establish. We do not allow you to establish or utilize Social Media sites or applications for business purposes. You and your employees do not have the right to utilize any of the Trade Secrets and Confidential Information stated above, or the common law copyrighted materials including the guidelines, curriculums, classes, management and business training, community building mechanisms, vision statements, books, signage, promotional materials, Manual, training materials, Franchise Agreements, and any other documents, materials and items for the general ambiance and decor used in the operation of the System and the Boulder Designs Businesses on any Social Media sites or applications, even if made from a personal Social Media account. Further, any representations from you, or your employees regarding your profits or earnings made on any Social Media site or application, even if made from a personal Social Media account, is deemed a breach of Confidential Information under the Franchise Agreement, and you will be responsible for indemnifying and reimbursing us all legal, penalties, fines, and court costs associated with your unauthorized representations.
Under the Franchise Agreement, you agree not to contest, directly or indirectly, our ownership, title, right or interest in our common law rights, copyrights, Trade Dress, Trade Secrets, Confidential Information, the System, methods, procedures or any other intellectual property rights that are part of our System or contest our sole right to register, use or license others to use (except as limited by the Franchise Agreement) the common law rights, copyrights, Trade Dress, Trade Secrets, Confidential Information, the System, methods, procedures or any other intellectual property rights that are part of our System.
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, franchisees have specific responsibilities regarding the confidentiality of proprietary information and trade secrets. Boulder Designs will provide trade secrets and confidential information during training, in the manual, and through ongoing assistance. Franchisees may only share this information with employees who need it to operate the franchised business.
As a Boulder Designs franchisee, you are responsible for ensuring that your employees maintain the confidentiality of this information. This means you must actively enforce confidentiality provisions with your staff. Certain individuals, such as owners, directors, and managers (including their immediate families), are required to sign non-disclosure and non-competition agreements. Boulder Designs is a third-party beneficiary of these agreements and has the right to enforce them independently.
Furthermore, neither franchisees nor their employees are allowed to use trade secrets, confidential information, or copyrighted materials on social media for business purposes, even from personal accounts. Any representations about profits or earnings made on social media are considered a breach of confidentiality, and the franchisee will be responsible for any associated legal costs, penalties, fines, and court costs incurred by Boulder Designs due to unauthorized representations.
All ideas, concepts, techniques, or materials related to the franchised business, whether or not they are protectable intellectual property, and whether created by or for the franchisee or their employees, must be promptly disclosed to Boulder Designs. These will be deemed the sole and exclusive property of Boulder Designs and part of the system that Boulder Designs may choose to adopt and/or disclose to other franchisees. Franchisees must also assist Boulder Designs in obtaining intellectual property rights for any concept or development if requested.