factual

What is the duration of the restriction on disclosing Cinnaholic's proprietary or confidential information after the termination or expiration of the Franchise Agreement?

Cinnaholic Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee and each Bound Party agree that the restriction contained in the preceding sentence will remain in effect with respect to the confidential information for five years following termination or expiration of this Agreement for any reason; provided, however, if the confidential information rises to the level of a trade secret, then such restriction shall remain in effect until such time as the information does not constitute a trade secret.

Source: Item 22 — CONTRACTS (FDD pages 61–62)

What This Means (2025 FDD)

According to Cinnaholic's 2025 Franchise Disclosure Document, franchisees and other bound parties are restricted from disclosing Cinnaholic's proprietary or confidential information both during the term of the Franchise Agreement and for a period after the agreement terminates or expires. Specifically, the restriction on disclosing confidential information remains in effect for five years following the termination or expiration of the agreement.

However, there is an exception to this five-year rule. If the confidential information rises to the level of a trade secret, the restriction on disclosure extends indefinitely, lasting until the information no longer qualifies as a trade secret. This means that certain highly sensitive information, such as unique recipes or business processes that give Cinnaholic a competitive edge, are protected for as long as they maintain their trade secret status.

This clause is typical in franchise agreements to protect the franchisor's intellectual property and business methods. Prospective Cinnaholic franchisees should understand that they will be legally obligated to maintain the confidentiality of Cinnaholic's proprietary information, even after they are no longer a franchisee, with potentially indefinite restrictions on trade secrets.

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.