edge_case

What happens if a Christian Brothers Automotive franchisee violates the non-disclosure agreement?

Christian_Brothers_Automotive Franchise · 2025 FDD

Answer 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.

  1. 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. All advertising by Franchisee shall be conducted in a dignified manner, shall

conform to such standards, specifications and requirements as Franchisor may specify from

time to time in writing, in its Confidential Operations Manual or otherwise, and shall not

in any way detract from, reflect unfavorably upon, or denigrate the Marks, the System, the

products, or Franchisor.

8.02 Administration of Franchisor's Marketing Program. Franchisor or its designee may

administer Marketing Funds (as defined below) as follows:

(a) As provided in Section 4.02 of this Agreement, if Franchisor establishes any

Programs, Franchisee will pay to Franchisor a "Marketing Fee" of up to the

Maximum Annual Cost per Program fund per year.

Source: Item 23 — RECEIPTS (FDD pages 76–372)

What This Means (2025 FDD)

According to the 2025 Christian Brothers Automotive Franchise Disclosure Document, franchisees must not disclose confidential information during or after the franchise agreement term. This includes 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. Franchisees can share confidential information with employees who need it for their job duties, provided the employees sign a non-disclosure and non-competition agreement. Christian Brothers Automotive must be identified as a third-party beneficiary in the agreement, allowing them to enforce it directly.

Christian Brothers Automotive is willing to provide ongoing access to confidential information only if assured that the franchisee will not use it to compete with them or disclose it without prior written consent. The franchisee acknowledges that Christian Brothers Automotive would not grant a license or provide access to confidential information without the protection of these covenants.

If a franchisee violates the non-disclosure agreement, Christian Brothers Automotive is entitled to an injunction from a court, preventing further breaches. This right to an injunction is in addition to any other remedies Christian Brothers Automotive may pursue. Furthermore, any period during which the franchisee is in breach of the non-compete covenants extends the duration of those covenants by the length of the breach.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.