Does the confidentiality provision in the Addendum to the Dickeys Barbecue Pit Franchise Agreement survive the termination of the Franchise Agreement?

According to Dickeys Barbecue Pit's 2024 Franchise Disclosure Document, the confidentiality provision outlined in the Addendum to the Franchise Agreement does indeed survive the termination of the Franchise Agreement. This means that even after the franchise relationship ends, the franchisee is still legally obligated to maintain the confidentiality of the terms and conditions outlined in the Addendum. This obligation extends to not disclosing the existence, substance, or contents of the Addendum to any third party without prior written consent from Dickeys Barbecue Pit, unless required by law or court order, or for the enforcement of the provisions of the Addendum itself.

This survival clause is in addition to any other confidentiality obligations or similar restrictions already in place within the Franchise Agreement or any other agreements between Dickeys Barbecue Pit and the franchisee. This highlights the importance Dickeys Barbecue Pit places on protecting its confidential information and trade secrets, ensuring that franchisees do not share sensitive business details with competitors or use them to the detriment of the Dickeys Barbecue Pit system after the franchise relationship concludes.

For a prospective Dickeys Barbecue Pit franchisee, this means understanding that the duty of confidentiality extends beyond the active term of the franchise. It is crucial to carefully review the scope of confidential information as defined in the Franchise Agreement and Addendum to fully grasp the extent of these ongoing obligations. Failure to comply with these confidentiality provisions post-termination could result in legal action from Dickeys Barbecue Pit.