Does the Crawlspace Medic agreement specify that the non-disclosure covenant survives the transfer of the agreement?
Crawlspace_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
The covenant in this Section 8.1 shall survive the expiration, termination or transfer of this Agreement or any interest herein and shall be perpetually binding upon Developer.
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2024 FDD)
According to Crawlspace Medic's 2024 Franchise Disclosure Document, the non-disclosure covenant associated with the franchise agreement does indeed survive the transfer of the agreement. This means that even if the Crawlspace Medic franchise is sold or transferred to a new owner, the original franchisee remains bound by the confidentiality obligations outlined in the agreement. This ensures that sensitive information regarding Crawlspace Medic's business practices, customer lists, and trade secrets remains protected, even after a change in ownership.
Specifically, the agreement states that the franchisee is prohibited from communicating, divulging, or using any confidential information, not only during the term of the agreement but also after its expiration or termination. This includes refraining from using such information for their own benefit following the end of the agreement. The franchisee is also barred from copying, duplicating, or reproducing any confidential information without Crawlspace Medic's prior written consent.
The clause explicitly states that this covenant survives any expiration, termination, or transfer of the agreement or any interest within it. This provision is perpetually binding upon the franchisee, meaning the obligation to protect confidential information extends indefinitely, even after the franchise changes hands. This is a significant point for potential franchisees to consider, as it creates a lasting responsibility to safeguard Crawlspace Medic's proprietary information.