For a Cream franchise, what condition must be met for information, knowledge, or know-how to be excluded from Confidential Information?

According to the 2025 Cream Franchise Disclosure Document, information, knowledge, or know-how is not considered confidential if it is lawfully known to the public without violating any applicable laws or obligations to Cream or its affiliates. This means that if the information is already in the public domain through legal means, a franchisee would not be bound by confidentiality restrictions regarding it.

This exclusion protects Cream franchisees from being unduly restricted regarding information that is generally accessible. However, the franchisee bears the responsibility of ensuring that the information's public status was achieved lawfully and without any breach of obligations to Cream.

It is important to note that Cream makes no warranties regarding the accuracy or completeness of the confidential information provided, and the company assumes no liability for any errors or omissions. Franchisees should independently verify any critical information and understand that their confidentiality obligations extend to all other information provided by Cream that is not already lawfully in the public domain.