What steps will the Bumper Man franchisor take to protect Confidential Information?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
(b) Non-Disclosure of Confidential Information. Franchisee and its Principals each acknowledges that Franchisor may provide Franchisee and its Principals with Confidential Information that derive value from not being generally known in the industry that are reasonably necessary for the operation of the Bumper Business and that Franchisee has entered into this Agreement in order to use such Confidential Information to the economic benefit of Franchisee. Franchisor will take reasonable steps to mark as "confidential" or "proprietary" any Confidential Information that it deems as such, but the failure to mark such Confidential Information will not cause it to be public information. Franchisee and each of its Principals will not use, duplicate or disclose to others any Confidential Information except as expressly authorized by Franchisor in writing and will implement measures to maintain the confidentiality of such Confidential Information that is no less strict than the measures Franchisee uses with its own confidential information. To the extent that any Confidential Information is to be provided to Franchisee's advisors, representatives, agents or any Personnel, each of them must use such Confidential Information solely in connection with their respective roles with the Bumper Business.
(c) Ownership. All Confidential Information furnished or disclosed by Franchisor to Franchisee or any of its Principals or otherwise obtained by Franchisee or its Principals is and will remain the sole property of Franchisor. Any reproductions, notes, summaries or similar documents relating to the Confidential Information, and any files, memoranda, reports, price lists, proprietary information, and other documents relating to the System, will become and remain the Intellectual Property of Franchisor immediately upon their creation and Franchisor will own all rights, title and interest in such Intellectual Property in accordance with Section 14(c) (Intellectual Property Rights). Upon expiration or termination of this Agreement, Franchisee will immediately return all copies of such Confidential Information and Intellectual Property to Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 45–180)
What This Means (2025 FDD)
According to the 2025 Bumper Man Franchise Disclosure Document, Bumper Man will take reasonable steps to mark any Confidential Information as "confidential" or "proprietary" if it deems it as such. However, the document states that failure to mark the information as such does not cause it to become public information.
The franchisee and its principals must not use, duplicate, or disclose any Confidential Information unless expressly authorized in writing by Bumper Man. The franchisee must implement confidentiality measures no less strict than those used for their own confidential information. If Confidential Information is provided to the franchisee's advisors, representatives, agents, or personnel, they must use it solely in connection with their roles with the Bumper Business.
All Confidential Information furnished by Bumper Man to the franchisee or its principals remains the sole property of Bumper Man. Upon the agreement's expiration or termination, the franchisee must immediately return all copies of such Confidential Information to Bumper Man.