Who owns the Confidential Information related to the Crave Cookies franchise?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
against the infringing party.
- (c) Control. Crave Cookies Franchising shall have the exclusive right to control any prosecution or defense of any Action related to possible infringement of or by the Marks.
- 12.4 Name. If Franchisee is an entity, it shall not use the word[s] "Crave Cookies" or any confusingly similar words in its legal name.
ARTICLE 13. COVENANTS
13.1 Confidential Information. With respect to all Confidential Information, Franchisee shall (a) adhere to all procedures prescribed by Crave Cookies Franchising for maintaining confidentiality, (b) disclose such information to its employees only to the extent necessary for the operation of the Business; (c) not use any such information in any other business or in any manner not specifically authorized in writing by Crave Cookies Franchising, (d) exercise the highest degree of diligence and effort to maintain the confidentiality of all such information during and after the term of this Agreement, (e) not copy or otherwise reproduce any Confidential Information, and (f) promptly report any unauthorized disclosure or use of Confidential Information. Franchisee acknowledges that all Confidential Information is owned by Crave Cookies Franchising (except for Confidential Information which Crave Cookies Franchising licenses from another person or entity). This Section will survive the termination or expiration of this Agreement indefinitely.
13.2 Covenants Not to Compete.
- (a) Restriction In Term.
Source: Item 22 — CONTRACTS (FDD page 47)
What This Means (2025 FDD)
According to Crave Cookies's 2025 Franchise Disclosure Document, Crave Cookies Franchising owns the confidential information related to the franchise. Specifically, the franchisee acknowledges that all confidential information is owned by Crave Cookies Franchising, except for information that Crave Cookies Franchising licenses from another entity. This includes customer data and other non-public data generated by the business.
This means that as a Crave Cookies franchisee, you are entrusted with confidential information but do not own it. You must adhere to the procedures prescribed by Crave Cookies Franchising for maintaining confidentiality, disclose the information to employees only to the extent necessary for business operations, and avoid using the information in any other business or manner not specifically authorized by Crave Cookies Franchising.
The franchise agreement emphasizes the importance of protecting this information both during and after the term of the agreement. Even after the franchise agreement terminates or expires, the franchisee's obligation to maintain confidentiality survives indefinitely. This obligation extends to not copying or reproducing any confidential information and promptly reporting any unauthorized disclosure or use of it.
Crave Cookies also licenses the business data back to the franchisee without charge, allowing its use only in connection with the franchised business during the agreement term. This underscores that while franchisees can utilize this data for their specific Crave Cookies location, the ownership and ultimate control of the information remain with Crave Cookies Franchising.