Can Ella Cafe require managers and key employees of the franchisee to sign confidentiality agreements?

Based on the 2024 FDD, Ella Cafe requires the guarantor to adhere to confidentiality agreements. Specifically, the guarantor must adhere to all security procedures prescribed by Ella Coffee Company for maintaining confidentiality, disclose such information to its employees only to the extent necessary for the operation of the Business, and not use any such information in any other business or in any manner not specifically authorized or approved in writing by Ella Coffee Company.

The guarantor must exercise the highest degree of diligence and make every effort to maintain the confidentiality of all such information during and after the term of the Franchise Agreement, not copy or otherwise reproduce any Confidential Information, and promptly report any unauthorized disclosure or use of Confidential Information. The guarantor acknowledges that all customer data generated or obtained by Guarantor is Confidential Information belonging to Ella Coffee Company. This obligation will survive the termination or expiration of the Franchise Agreement indefinitely.

While the FDD outlines confidentiality obligations for the guarantor, it does not explicitly state whether Ella Cafe requires managers and key employees of the franchisee to sign confidentiality agreements. A prospective franchisee should clarify this point with Ella Cafe to understand the full scope of confidentiality requirements within their franchise operation.