What is the Christian Brothers Automotive franchisee's obligation regarding the confidentiality of any other information designated as confidential?
Christian_Brothers_Automotive Franchise · 2025 FDDAnswer from 2025 FDD Document
not employees of Franchisor or its affiliates.
Franchise Agreement (Ver 04-14-2025)
Franchisee: ___________
Franchisor: Christian Brothers Automotive Corporation
7. CONFIDENTIAL INFORMATION.
7.01 Non-Use and Non-Disclosure of Confidential Information. Except as otherwise stated herein, Franchisee shall not, during the term of this Agreement or at any time thereafter, communicate, divulge or use for the benefit of any other person, persons, partnership, association, corporation or entity the Confidential Operations Manual, any information, knowledge or Know-How concerning the systems of operation, products, services, procedures, policies, standards, criteria or Customers, Customer Information, Data and/or any other information which Franchisor designates in other sections of this Agreement or elsewhere as confidential (collectively "Confidential Information"). Franchisee may disclose Confidential Information that is required for the operation of the Franchised Business to its employees who must have access to it in order to perform their job duties for the operation of the Franchised Business. Franchisee shall take such precautions to ensure that its employees retain such information in confidence, including when Franchisor deems it appropriate, the execution by each such employee of a nondisclosure and noncompetition agreement provided by Franchisor (the "Nondisclosure Agreement"). If required by Franchisor, the Nondisclosure Agreement must (a) be executed at the earlier of the commencement of employment or the commencement of training of the respective employee, and (b) comply with the law of the state where the Franchised Business is located including without limitation all requirements pertaining to the validity and enforceability of the Nondisclosure Agreement. The Nondisclosure Agreement will be in a form prescribed by Franchisor and will include, without limitation, specific identification of Franchisor as a third-party beneficiary of the Nondisclosure Agreement with the
Franchise Agreement (Ver 04-14-2025) Franchisee: ___________
Franchisor: Christian Brothers Automotive Corporation
independent right to enforce it. Franchisee will submit copies of all such executed
Nondisclosure Agreements to Franchisor within ten (10) days of their execution.
- ADVERTISING AND MARKETING.
8.01 Advertising Standards. Franchisee will only use such advertising, identification and
promotional materials and programs (including, but not limited to, printed and broadcast
advertisements, stationery, business cards, press releases, signs, displays, leaflets,
newspaper inserts, promotional mail outs and promotional literature) which have been
furnished by Franchisor or been approved in advance by Franchisor in accordance with
Section 8.04.
Source: Item 23 — RECEIPTS (FDD pages 76–372)
What This Means (2025 FDD)
According to the 2025 Christian Brothers Automotive Franchise Disclosure Document, franchisees have specific obligations regarding confidential information. Franchisees must not communicate, divulge, or use any confidential information for the benefit of others, including the Confidential Operations Manual, systems of operation, products, services, procedures, policies, standards, criteria, customer information, data, or any other information designated as confidential by Christian Brothers Automotive.
The franchisee can disclose confidential information to employees who need it to perform their job duties, but must ensure employees maintain confidentiality. This includes having employees execute a non-disclosure and non-competition agreement provided by Christian Brothers Automotive. These agreements must be executed at the earlier of employment or training commencement and comply with state law, identifying Christian Brothers Automotive as a third-party beneficiary with the right to enforce it. Copies of these agreements must be submitted to Christian Brothers Automotive within ten days of execution.
Christian Brothers Automotive emphasizes that it is providing franchisees access to their confidential information only if assured that the franchisee will not use it to compete with them or disclose it to any party without prior written consent. Franchisees are also responsible for staying up-to-date on any changes to the Confidential Operations Manual and complying with all obligations outlined within it.