Is a Crisp & Green franchisee required to deliver copies of confidentiality agreements to the franchisor?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
You agree and acknowledge that: (i) you may have access to certain confidential information not generally known to the public relating to the products, sales, or business of Crisp & Green (together with documents, data, or information containing or derived from the foregoing, the "Confidential Information"); (ii) the Confidential Information constitutes a special, valuable, and unique asset of Crisp & Green that derives value in part from not being generally known to the public; (iii) the Confidential Information will remain the exclusive property of Crisp & Green; (iv) you will not use the Confidential Information for any purpose other than the development of one or more CRISP & GREEN® restaurants in connection with one or more Franchise Agreements; and (v) you will not disclose the Confidential Information to any person or permit any person to use, view, or access the Confidential information without the prior written consent of Crisp & Green.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 49–50)
What This Means (2024 FDD)
The 2024 Crisp & Green Franchise Disclosure Document includes an example of a Letter of Intent that a prospective franchisee may sign. This letter includes an acknowledgment that the franchisee may have access to confidential information about Crisp & Green's business. The letter states that the franchisee agrees not to disclose this confidential information to any person or permit any person to use, view, or access the confidential information without Crisp & Green's prior written consent.
The FDD does not explicitly state that a Crisp & Green franchisee is required to deliver copies of confidentiality agreements to the franchisor. However, the Letter of Intent included as Exhibit D in the FDD outlines the franchisee's responsibilities regarding confidential information.
To clarify whether franchisees must provide copies of signed confidentiality agreements to Crisp & Green, prospective franchisees should seek confirmation from the franchisor during their due diligence process. This will ensure full understanding of the obligations and required documentation related to confidential information.