Does the confidentiality obligation for Central Bark Doggy Day Care extend to the franchisee's Owners?
Central_Bark_Doggy_Day_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
8.2 Confidentiality
(a) You and your Owners and personnel may from time to time be provided and/or have access to certain confidential information, some of which constitutes trade secrets under Applicable Law (the "Confidential Information"), relating to the development and operation of Central Bark Facilities, whether or not marked confidential, including (without limitation): (1) site and premises selection criteria; (2) training and operations materials and manuals, including, without limitation, the Operating Manual; (3) the System Standards (as defined in the Franchise Agreement) and other plans, methods, formats, specifications, standards, systems, procedures, techniques, sales and marketing techniques, knowledge, and experience used in developing, promoting and operating Central Bark Facilities; (4) market research, promotional, marketing and advertising programs for Central Bark Facilities; (5) knowledge of specifications for, and suppliers of, Operating Assets (as defined in the Franchise Agreement) and other products, materials, supplies equipment and furnishings; (6) any computer software or similar technology which is proprietary to us, our Affiliates, or the System, including, without limitation, digital passwords and identifications and any source code of, and data, reports, and other printed materials generated by, the software or similar technology; (7) knowledge of the operating results and financial performance of Central Bark Facilities, other than your Central Bark Facilities; and (8) information generated by, or used or developed in, your development of Central Bark Facilities hereunder.
(b) All Confidential Information furnished to you by us or on our behalf, whether orally or by means of written material (i) shall be deemed proprietary, (ii) shall be held by you in strict confidence, (iii) shall not be copied, disclosed or revealed to or shared with any other person except to your employees or contractors who have a need to know such Confidential Information for purposes of this Agreement and who are under a duty of confidentiality no less restrictive than your obligations hereunder, or to individuals or entities specifically authorized by us in advance, and (iv) shall not be used in connection with any other business or capacity.
You will not acquire any interest in Confidential Information other than the right to use it as we specify in furtherance of the Development Obligation during this Agreement's term.
Source: Item 1 — Franchisee shall have paid all Royalty Fees, advertising fund contributions, LAC contributions, amounts owed for purchases by Franchisee from Franchisor, or Franchisor's affiliates, and all other amounts owed to Franchisor, Franchisor's affiliates, and third-party creditors, and shall have submitted to Franchisor all required reports and statements; (FDD pages 106–233)
What This Means (2025 FDD)
According to Central Bark Doggy Day Care's 2025 Franchise Disclosure Document, the confidentiality obligations extend to the franchisee's Owners. Specifically, the FDD states that both the franchisee and their Owners may receive Confidential Information related to the operation of Central Bark Doggy Day Care facilities. This information can include site selection criteria, training materials, system standards, marketing programs, and operating results.
The FDD emphasizes that all Confidential Information provided, whether in writing or orally, is proprietary and must be held in strict confidence. Franchisees and their Owners are prohibited from copying, disclosing, or sharing this information with any other person, except for employees or contractors who need to know the information for the purposes of the Franchise Agreement and who are also under a duty of confidentiality.
This obligation ensures that Central Bark Doggy Day Care's sensitive business information is protected. Franchisees and their Owners can only use the Confidential Information as specified by Central Bark Doggy Day Care to further their obligations under the Development Obligation during the term of the agreement. This prevents franchisees from using the franchisor's proprietary information for any other business or capacity, maintaining the integrity and competitive advantage of the Central Bark Doggy Day Care system.