Does the Buff City Soap Confidentiality Agreement cover pricing information?
Buff_City_Soap Franchise · 2025 FDDAnswer from 2025 FDD Document
SS: | GUARANTOR: | | Print Name: | Print Name: Date: | [This Release will be modified as necessary for consistency with any state law regulating franchising.]
EXHIBIT D FORM OF NON-DISCLOSURE AND NON-USE AGREEMENT
THIS NON-DISCLOSURE AND NON-USE AGREEMENT (the "Agreement") is made and given to Buff City Soap Franchising, LLC, a Delaware limited liability company, for the collective benefit such entity and its affiliates (collectively, "Company"), by the undersigned, as of the date set forth below.
BACKGROUND:
In conjunction with exploration of a potential business relationship between the undersigned and the Company (the "Purpose"), the undersigned has need of, may become aware of, and/or may come into possession of (i) financial information, business plans, information about the Company's business and/or other non-public information and trade secrets that Company considers confidential or proprietary, (ii) information about a customer of Company that is non-public, confidential, or proprietary in nature, and/or that is protected by law or by order of a court, arbitrator, or other such authority, and/or (iii) information and property held by Company pursuant to a contractual or fiduciary relationship. Company is willing to disclose to the undersigned, or permit the disclosure to the undersigned of, such information and property only upon receipt of the assurances contained within this Agreement, and the undersigned is willing to give such assurances.
NOW, THEREFORE, in consideration of the recitals above and other good and valuable consideration, the undersigned hereby agrees as follows:
**1.
Source: Item 18 — PUBLIC ANNOUNCEMENTS. (FDD pages 186–204)
What This Means (2025 FDD)
According to the 2025 Buff City Soap Franchise Disclosure Document, the Confidentiality Agreement does cover pricing information. The agreement broadly protects various types of sensitive data related to Buff City Soap's operations. Specifically, it identifies several categories of information considered confidential.
The agreement explicitly includes "financial information" and "business plans" as confidential. It also encompasses data related to "sales and marketing information" and "supplier contract and arrangement terms." Furthermore, the agreement specifically mentions "Franchisor's or its Affiliates product sourcing, pricing, manufacturing, inventory management and control, supply and distribution" as confidential information.
This means that as a Buff City Soap franchisee, you are obligated to protect and not disclose any information related to the pricing of products, sourcing strategies, or financial performance of the business. This obligation extends not only during the term of the franchise agreement but also after its termination. Failing to comply with these confidentiality provisions could result in legal action from Buff City Soap.