What is a Covenantor's obligation regarding Devon Creek's Confidential Information?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
1. Confidentiality Agreement.
- a. Covenantor shall, at all times, maintain the confidentiality of the Confidential Information and shall use such Confidential Information only in the course of his or her employment by or association with Franchisee in connection with the operation of a Franchised Business under the Franchise Agreement.
- b. Covenantor shall not at any time make copies of any documents or compilations containing some or all of the Confidential Information without Franchisor's express written permission.
- c. Covenantor shall not at any time disclose or permit the disclosure of the Confidential Information except, and only then to the limited extent necessary, to those employees of Franchisee for training and assisting such employees in the operation of the Franchised Business.
- d. Covenantor shall surrender any material containing some or all of the Confidential Information to Franchisee or Franchisor, upon request, or upon termination of employment or association with Franchisee.
- e. Covenantor shall not at any time, directly or indirectly, do any act or omit to do any act that would or would likely be injurious or prejudicial to the goodwill associated with the System.
- f. Covenantor agrees that no Confidential Information may be reproduced, in whole or in part, without written consent.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to the 2024 Devon Creek Franchise Disclosure Document, a Covenantor, typically an employee or associate of the franchisee, has several obligations regarding the brand's confidential information. The Covenantor must maintain the confidentiality of the Confidential Information at all times and can only use it during their employment or association with the franchisee for operating the Franchised Business.
The Covenantor is prohibited from making copies of documents containing Confidential Information without Devon Creek's express written permission. They can only disclose Confidential Information to the franchisee's employees to the extent necessary for training and assisting in the operation of the franchised business.
Upon request or termination of employment, the Covenantor must surrender any material containing Confidential Information to the franchisee or Devon Creek. Additionally, the Covenantor must not take any action that could harm the goodwill associated with the Devon Creek system. The Covenantor also agrees that no Confidential Information may be reproduced, in whole or in part, without written consent.