Where in the City Publications FDD can I find more information about confidentiality and nondisclosure agreements?
City_Publications Franchise · 2025 FDDAnswer from 2025 FDD Document
D. Third Party Nondisclosure
Franchisee's shareholders, officers, partners, members and managers may be required to execute nondisclosure and confidentiality agreements. Franchisee may be obligated to ensure that each of the foregoing persons execute a nondisclosure and confidentiality agreement at the time this Agreement is executed or prior to such persons becoming shareholders, officers, partners, members or managers, whichever is earlier. Franchisor shall be a third party beneficiary with the right to enforce covenants contained in such agreements. The spouse of each person identified as Franchisee under the terms of this Agreement will be required to sign a nondisclosure and non-competition agreement.
SECTION 8. CONFIDENTIAL INFORMATION
A. Requirement of Confidentiality
"Confidential Information" means any trade secret and any information or matter that is competitively sensitive and not generally known by the public, whether or not in written or tangible form and regardless of the media (if any) on which stored, relating to the System, including know-how, knowledge of and experience in operating a CITY PUBLICATIONS Business, methods, techniques, formats, specifications, procedures, systems, policies and standards, business operating systems and techniques, record keeping and reporting methods, accounting systems, sales and marketing methods and training techniques, specifications, processes and procedures for the design, production and distribution of Card Packs, specifications for business forms and stationery to be used by franchisees, the Manual, ideas, research and development, lists of franchisees, advertisers, and suppliers, mailing data, mailing lists, market and territory analyses, population demographic studies, suggested pricing and cost information, software which Franchisor or its Affiliates may develop and introduce as part of the System, and any other information or material identified to Franchisee by Franchisor as confidential;
v. Choice of forum Section 24.B Except where state law prohibits, all arbitrations are to be held in Cobb County, Georgia. Claims involving the Marks or Confidential Information must be litigated in Cobb County, Georgia (subject to applicable state law.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 25–26)
What This Means (2025 FDD)
According to City Publications' 2025 Franchise Disclosure Document, Item 23 discusses nondisclosure agreements. Specifically, it states that the franchisee's shareholders, officers, partners, members, and managers may be required to execute nondisclosure and confidentiality agreements. City Publications will be a third-party beneficiary with the right to enforce these agreements. The spouse of each person identified as a franchisee will also be required to sign a non-disclosure and non-competition agreement.
Additionally, Section 8 of Item 23 addresses confidential information, indicating a requirement of confidentiality. Section 1 defines "Confidential Information" as trade secrets and competitively sensitive information not generally known to the public. This includes information relating to the City Publications system, know-how, operating experience, methods, techniques, formats, specifications, procedures, systems, policies, standards, business operating systems, record keeping and reporting methods, accounting systems, sales and marketing methods, training techniques, specifications, processes, procedures for card pack design, production and distribution, specifications for business forms and stationery, the manual, ideas, research and development, lists of franchisees, advertisers and suppliers, mailing data, mailing lists, market and territory analyses, population demographic studies, suggested pricing and cost information, software developed by City Publications, and any other information identified as confidential.
Item 17 also mentions that claims involving Confidential Information must be litigated in Cobb County, Georgia, subject to applicable state law. This highlights the importance City Publications places on protecting its confidential information and trade secrets, and the legal measures it may take to enforce these protections.