To whom can Confidential Information be disclosed by the guarantor of Ella Cafe?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
I further agree not to disclose any of the Confidential Information, except: (a) to Developer's employees on a need-to-know basis; (b) to Developer's and my legal and tax professionals to the extent necessary for me to meet my legal obligations; and (c) as otherwise may be required by law.
Source: Item 23 — RECEIPTS (FDD pages 50–181)
What This Means (2024 FDD)
According to Ella Cafe's 2024 Franchise Disclosure Document, the guarantor is subject to certain restrictions regarding the disclosure of confidential information. Specifically, the guarantor agrees not to disclose any confidential information, except under certain conditions.
The confidential information can be disclosed to Developer's employees on a need-to-know basis. This allows for the necessary sharing of information within the Ella Cafe franchise to facilitate operations. Additionally, disclosure is permitted to Developer's and the guarantor's legal and tax professionals, but only to the extent necessary to fulfill legal obligations. This ensures that the guarantor can seek professional advice without violating the confidentiality agreement.
Finally, the guarantor may disclose confidential information if required by law. This exception acknowledges that certain legal mandates may override the confidentiality agreement. These stipulations ensure that the guarantor understands the limitations and responsibilities associated with handling Ella Cafe's confidential information, balancing the need for confidentiality with practical operational and legal requirements.