What are the exceptions to the definition of 'Confidential Information' regarding Clear Pest Pros?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
The term "Confidential Information" shall mean and include any and all information disclosed by us to you relating to the Clear Pest Pros business and potential trade name and internet web names, whether copyrighted or patented. Provided; however, Confidential Information shall not include information which:
- A. Is disclosed to you following the date of this Agreement by a third party who is not under an obligation to keep the information confidential;
- B. Is or becomes publicly disclosed through no act or omission of yours; and/or
- C. Information previously known by you prior to contact with us.
Source: Item 22 — CONTRACTS (FDD pages 67–68)
What This Means (2025 FDD)
According to Clear Pest Pros's 2025 Franchise Disclosure Document, the term "Confidential Information" encompasses all information disclosed by Clear Pest Pros relating to the Clear Pest Pros business, potential trade name, and internet web names, whether copyrighted or patented. However, there are exceptions to what is considered Confidential Information.
Specifically, information is NOT considered Confidential Information if it meets any of the following conditions: (A) It is disclosed to the franchisee after the date of the agreement by a third party who is not obligated to keep the information confidential. (B) It becomes publicly disclosed through no fault or action of the franchisee. (C) It was already known by the franchisee prior to their contact with Clear Pest Pros.
These exceptions are fairly standard in franchise agreements. They protect franchisees from being held liable for information that is already in the public domain or that they legitimately obtained from other sources. However, franchisees should be aware that the burden of proof would likely fall on them to demonstrate that the information falls within one of these exceptions if a dispute arises.