According to Cream, what is excluded from the definition of Confidential Information?

According to Cream's 2025 Franchise Disclosure Document, Confidential Information does not include information, knowledge, or know-how that is lawfully known to the public without violating any applicable law or any obligation to Cream or its affiliates. This means that if information about Cream's system or operations becomes publicly available through legal means, such as through government filings or news reports, franchisees are not obligated to treat it as confidential.

This exclusion is important for prospective franchisees because it clarifies the scope of their confidentiality obligations. Franchisees are only bound to protect information that is truly confidential and not already in the public domain. This can be a benefit to franchisees, as it limits the restrictions on what they can discuss or share with others.

However, it's crucial for franchisees to understand what constitutes "lawfully known to the public." Information shared on unofficial channels or obtained through unauthorized means would likely still be considered confidential. Franchisees should consult with Cream if they are unsure whether certain information falls under this exclusion to avoid potential breaches of the franchise agreement.