Who must the Engel & Volkers franchisee make available for inquiry during the due diligence process?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee further agrees to impose the foregoing confidentiality undertaking on its shareholders, partners, members, officers, directors, managers, staff members and Sales Advisors, by having such persons execute Franchisor's form of Confidentiality Agreement and Covenant Not to Compete.
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
The 2025 Engel & Volkers Franchise Disclosure Document states that franchisees must impose a confidentiality undertaking on their shareholders, partners, members, officers, directors, managers, staff members, and Sales Advisors. This is done by having these individuals execute Engel & Volkers' form of Confidentiality Agreement and Covenant Not to Compete.
This requirement ensures that all individuals associated with the Engel & Volkers franchise operation are legally bound to protect the brand's confidential information. This includes trade secrets, operational know-how, and other proprietary information critical to the Engel & Volkers system. By having these individuals sign the agreement, the franchisee is taking proactive steps to prevent the unauthorized disclosure or use of confidential information, which could harm the Engel & Volkers brand and its network of franchisees.
The confidentiality agreement and covenant not to compete are standard tools used in franchising to protect the franchisor's intellectual property and business interests. The covenant not to compete restricts these individuals from engaging in activities that could directly or indirectly compete with the Engel & Volkers system, both during their association with the franchise and for a specified period afterward. This helps maintain the integrity of the Engel & Volkers network and prevents the unfair use of its confidential information by competitors.
Prospective franchisees should carefully review the terms of the Confidentiality Agreement and Covenant Not to Compete to understand the specific obligations and restrictions it imposes on themselves and their personnel. They should also ensure that they have a system in place to effectively communicate these obligations to all relevant individuals and to monitor compliance with the agreement.