Are Bumper Man franchisees required to maintain the confidentiality of all Confidential Information?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
We will disclose to you certain confidential or proprietary information and trade secrets. You and your personnel must maintain the confidentiality of all Confidential Information. Additionally, you and your principals agree not to communicate or use our Confidential Information for the benefit of anyone else during and after the term of the Franchise Agreement. You and your principals must also agree not to use our Confidential Information at all after the Franchise Agreement terminates, expires, or is transferred. You and your principals may disclose this Confidential Information only to personnel who need it to operate the Bumper Business, and in such case, such personnel must be bound to a confidentiality agreement with similar confidentiality covenants and obligations.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 31–32)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, franchisees and their personnel must maintain the confidentiality of all Confidential Information. This obligation extends not only to the franchisee but also to their principals, who must agree not to communicate or use Bumper Man's Confidential Information for the benefit of anyone else during and after the term of the Franchise Agreement. This restriction remains even after the Franchise Agreement terminates, expires, or is transferred.
Franchisees may only disclose Confidential Information to personnel who need it to operate the Bumper Business. In such cases, these personnel must be bound by a confidentiality agreement with similar covenants and obligations. This ensures that the confidentiality of Bumper Man's proprietary information is protected across all levels of the franchisee's operation.
Confidential Information is broadly defined to include any and all information, knowledge, know-how, trade secrets, trade dress, methodologies, techniques, procedures, applications, and materials used in or related to the Bumper Man system. This includes the standards and specifications for operating a Bumper Business, the Manual, services, products, designs, devices, tools, pricing, technology, point of sale systems, computer software, advertising, marketing, promotional programs, and Customer Data. This comprehensive definition highlights the importance Bumper Man places on protecting its proprietary assets and maintaining a competitive edge.
This requirement is standard practice in franchising, as franchisors need to protect their intellectual property and trade secrets. Prospective Bumper Man franchisees should carefully review the definition of Confidential Information and ensure they understand their obligations to maintain its confidentiality, both during and after the franchise term. They should also ensure that any personnel with access to this information are properly trained and bound by confidentiality agreements.