Are officers and directors of the Engel & Volkers Franchisee required to sign the Confidentiality Agreement?
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)
According to Engel & Volkers's 2025 Franchise Disclosure Document, the franchisee must ensure that certain individuals associated with their business operations sign Engel & Volkers's Confidentiality Agreement and Covenant Not to Compete. Specifically, this requirement extends to the franchisee's shareholders, partners, members, officers, directors, managers, staff members, and Sales Advisors.
This obligation ensures that all individuals with access to Engel & Volkers's confidential business and operational information are legally bound to protect it. This includes trade secrets, know-how, and other proprietary information critical to the Engel & Volkers system. By requiring these individuals to sign the agreement, Engel & Volkers aims to minimize the risk of unauthorized disclosure or misuse of its confidential information, which could harm its competitive advantage and the overall integrity of the franchise system.
For a prospective Engel & Volkers franchisee, this means they must incorporate the execution of the Confidentiality Agreement and Covenant Not to Compete into their onboarding process for all relevant personnel. This adds an administrative step but is crucial for maintaining compliance with the franchise agreement and protecting Engel & Volkers's intellectual property. Failure to enforce this requirement could result in a breach of the franchise agreement, as highlighted in Section 20.3.6, and potentially lead to termination of the franchise.