Do the confidentiality obligations of the Circle K Franchise Agreement apply to nonpublic information received under this agreement?

According to Circle K's 2025 Franchise Disclosure Document, the confidentiality obligations within the Franchise Agreement extend to any nonpublic information that a purchaser receives or is given access to under the agreement. This means that franchisees must treat any non-public information as confidential.

This obligation is significant for prospective Circle K franchisees because it restricts how they can use or share information they obtain during the course of the agreement. Franchisees must ensure that they, their employees, accountants, and attorneys maintain the confidentiality of this information. Disclosure is limited only to those within the franchisee's organization who need the information to advise the franchisee or maintain financial records.

The agreement specifically prohibits disclosing confidential information to competitors or anyone the franchisee reasonably knows to be a competitor of Circle K. If a franchisee breaches this confidentiality agreement, Circle K is entitled to seek legal remedies, including an injunction and specific enforcement of the confidentiality terms, in addition to any other legal or equitable remedies available. This underscores the importance Circle K places on protecting its confidential information and the potential legal ramifications for franchisees who fail to comply.