Does the definition of 'Confidential Information' for Engel & Volkers include specifications for the franchisee's office?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
For avoidance of doubt, "Confidential Information" also includes (without limitation) all information, knowledge, trade secrets or know-how utilized or embraced by the ENGEL & VÖLKERS System and/or imparted to Recipient by Franchisor or any of its affiliates which concerns Franchisor's systems of operation, programs, services, products, customers, clients, prospective customers or client, practices, materials, books, records, manuals, computer files, databases or software; all elements of the ENGEL & VÖLKERS System; all programs, products, services, equipment, technologies, policies, standards, requirements, criteria and procedures that now or in the future are a part of the ENGEL & VÖLKERS System; the System Documentation; all specifications, procedures, systems, techniques and activities employed by Franchisor in the offer and sale of services, programs, and/or products at or from a franchised ENGEL & VÖLKERS Residential Real Estate Brokerage; all of Franchisor's sources (or prospective sources) of supply and all information pertaining to same; Franchisor's specifications, and Franchisee's final plans, for the construction, build out, design, renovation, décor, equipment, signage, furniture, fixtures and trade dress elements of Franchisee's office; the identity of, and all information relating to, the computer systems and software utilized under the Franchise Agreement; all information pertaining to Franchisor's and Franchisee's advertising, marketing, promotion and merchandising
Source: Item 23 — RECEIPTS (FDD pages 88–302)
What This Means (2025 FDD)
According to Engel & Volkers' 2025 Franchise Disclosure Document, the definition of "Confidential Information" includes specifications for the franchisee's office. This means that information related to the construction, build-out, design, renovation, décor, equipment, signage, furniture, fixtures, and trade dress elements of the franchisee's office are considered confidential.
This has significant implications for a prospective Engel & Volkers franchisee. They must treat all details and plans related to their office's physical appearance and setup as confidential, protecting them from unauthorized disclosure. This obligation extends to the franchisee's final plans for the office.
The franchisee is responsible for maintaining the confidentiality of these specifications and ensuring they are not shared with unauthorized parties. This protection of confidential information extends to Engel & Volkers' specifications and the franchisee's final plans. Failure to comply with these confidentiality requirements could result in legal action and potential damages to Engel & Volkers.