Is the Guarantor permitted to copy or reproduce any of Chocolate Bash's Confidential Information?
Chocolate_Bash Franchise · 2024 FDDAnswer from 2024 FDD Document
With respect to all Confidential Information Guarantor shall (a) adhere to all security procedures prescribed by CB Franchising for maintaining confidentiality, (b) disclose such information to its employees only to the extent necessary for the operation of the Business; (c) not use any such information in any other business or in any manner not specifically authorized or approved in writing by CB Franchising, (d) exercise the highest degree of diligence and make every effort to maintain the confidentiality of all such information during and after the term of the Franchise Agreement, (e) not copy or otherwise reproduce any Confidential Information, and (f) promptly report any unauthorized disclosure or use of Confidential Information.
Guarantor acknowledges that all Confidential Information is owned by CB Franchising or its affiliates (except for Confidential Information which CB Franchising licenses
from another person or entity). Guarantor acknowledges that all customer data generated or obtained by Guarantor is Confidential Information belonging to CB Franchising. This Section will survive the termination or expiration of the Franchise Agreement indefinitely.
Source: Item 22 — CONTRACTS (FDD pages 38–39)
What This Means (2024 FDD)
According to Chocolate Bash's 2024 Franchise Disclosure Document, the Guarantor is explicitly prohibited from copying or reproducing any Confidential Information. The Guarantor must adhere to all security procedures prescribed by CB Franchising for maintaining confidentiality. They are only allowed to disclose confidential information to their employees to the extent necessary for the operation of the Chocolate Bash business.
The Guarantor is not allowed to use any Confidential Information in any other business or in any manner not specifically authorized or approved in writing by CB Franchising. The Guarantor must exercise the highest degree of diligence and make every effort to maintain the confidentiality of all such information during and after the term of the Franchise Agreement. Furthermore, the guarantor must promptly report any unauthorized disclosure or use of Confidential Information.
All customer data generated or obtained by the Guarantor is considered Confidential Information belonging to CB Franchising. These obligations regarding Confidential Information survive the termination or expiration of the Franchise Agreement indefinitely, ensuring long-term protection of Chocolate Bash's proprietary assets.