What constitutes a breach of the Covenantor's obligations of confidentiality with Clean Your Dirty Face?
Clean_Your_Dirty_Face Franchise · 2025 FDDAnswer from 2025 FDD Document
Covenantor acknowledges and agrees that neither Covenantor nor any other person or entity will acquire any interest in or right to use the Confidential Information under this Agreement or otherwise other than the right to utilize it as authorized in this Agreement and that the unauthorized use or duplication of the Confidential Information, including, without limitation, in connection with any other business would be detrimental to Franchisor and Franchisee and would constitute a breach of Covenantor's obligations of confidentiality and an unfair method of competition with Franchisor and/or other CYDF Facial Bars owned by Franchisor or franchisees.
Source: Item 22 — CONTRACTS (FDD page 54)
What This Means (2025 FDD)
According to Clean Your Dirty Face's 2025 Franchise Disclosure Document, a breach of confidentiality occurs if the Covenantor engages in the unauthorized use or duplication of confidential information. This includes using the information in connection with any other business, which would be detrimental to Clean Your Dirty Face and its franchisees, and would also represent an unfair method of competition. The Covenantor is only permitted to use the confidential information to the extent reasonably necessary to perform their duties on behalf of the franchisee, considering the confidential nature of the information.
The confidential information includes, but is not limited to, training and operations materials, system standards, methods, formats, specifications, systems, procedures, sales and marketing techniques, market research, promotional strategies, strategic plans, knowledge of suppliers, computer software, operating results, customer information, and any other information designated as confidential by Clean Your Dirty Face. The Covenantor must maintain absolute confidentiality and avoid making unauthorized copies of the confidential information.
To prevent unauthorized use or disclosure, the Covenantor must implement all reasonable procedures prescribed by Clean Your Dirty Face and the franchisee. The Covenantor acknowledges that the confidential information is a valuable asset of Clean Your Dirty Face and agrees to these terms as a condition of receiving the information. These obligations extend both during the term of the Franchise Agreement and afterward, ensuring long-term protection of Clean Your Dirty Face's proprietary information.