Under what circumstances is information NOT considered Confidential Information for a Cream franchise?

According to Cream's 2025 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 is not bound by the confidentiality restrictions outlined in the franchise agreement.

This exception is important for prospective Cream franchisees because it clarifies the scope of their confidentiality obligations. Franchisees are not required to keep information secret if that information is already publicly available through legitimate channels. This could include information found in publicly accessible databases, published research, or other sources that do not involve a breach of confidentiality.

However, it is crucial for franchisees to understand the limitations of this exception. The information must be "lawfully known to the public," meaning it cannot have been obtained through unauthorized disclosure or a violation of any agreement with Cream. Franchisees should exercise caution and consult with legal counsel if they are unsure whether certain information falls under this exception. They should also be aware that Cream may designate other information as confidential, regardless of its public availability.