Does the Checkers agreement specify that information that came to the Individual's attention before disclosure is considered confidential?

According to the 2025 Checkers Franchise Disclosure Document, the agreement specifies that information that the individual can demonstrate came to their attention before disclosure is NOT considered confidential. The agreement states that confidential information does not include information which the individual can demonstrate came to their attention before disclosure or which had become or becomes a part of the public domain through publication or communication by others, unless the publication or communication violates a similar confidentiality agreement, but in no event through any act of theirs.

This means that if a prospective Checkers franchisee already possesses certain knowledge or information related to the restaurant business or operations before signing the franchise agreement, and can prove it, that information is not subject to the confidentiality restrictions outlined in the agreement. This could be relevant if the franchisee has prior experience in the food service industry or has independently acquired knowledge about restaurant management, marketing, or supply chains.

However, the franchisee bears the burden of proof to demonstrate that they possessed the information before it was disclosed by Checkers. It's also important to note that information that becomes public knowledge through means other than the franchisee's actions is also excluded from the confidentiality clause. This clause aims to protect Checkers' proprietary information while acknowledging the franchisee's pre-existing knowledge and publicly available information.