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What is an Engel & Volkers recipient required to do with Confidential Information upon termination or expiration of the Franchise Agreement?

Q: What is an Engel & Volkers recipient required to do with Confidential Information upon termination or expiration of the Franchise Agreement?

- 5. Upon termination or expiration of the Franchise Agreement, or earlier if requested by Franchisor, Recipient will return all Confidential Information (including any copies thereof that Franchisor may have permitted Recipient to make) to Franchisor. - 6. Recipient shall be under no obligation under this Agreement with respect to any information (a) which is, at the time of the disclosure, available to the general public; (b) which becomes at a later date available to the general public through no fault of the Recipient and then only after said date; or (c) which Recipient can demonstrate was in its possession through valid means before receipt. Source: Item 22 — CONTRACTS (FDD page 88)

Engel_Volkers Franchise · 2025 FDD

Answer from 2025 FDD Document

1. Upon termination or expiration of the Franchise Agreement, or earlier if requested by Franchisor, Recipient will return all Confidential Information (including any copies thereof that Franchisor may have permitted Recipient to make) to Franchisor.
1. Recipient shall be under no obligation under this Agreement with respect to any information (a) which is, at the time of the disclosure, available to the general public; (b) which becomes at a later date available to the general public through no fault of the Recipient and then only after said date; or (c) which Recipient can demonstrate was in its possession through valid means before receipt.

Source: Item 22 — CONTRACTS (FDD page 88)

What This Means (2025 FDD)

According to Engel & Volkers' 2025 Franchise Disclosure Document, upon termination or expiration of the Franchise Agreement, the recipient is obligated to return all Confidential Information to Engel & Volkers, including any copies that the recipient was permitted to make. This obligation ensures that Engel & Volkers retains control over its proprietary information and trade secrets. The confidentiality obligations extend beyond the term of the agreement.

Engel & Volkers defines "Confidential Information" broadly, encompassing all information, knowledge, trade secrets, or know-how utilized by the Engel & Volkers System. This includes systems of operation, programs, services, products, customer information, practices, manuals, computer files, databases, software, and all elements of the Engel & Volkers System. It also covers programs, services, equipment, technologies, policies, standards, procedures, specifications, techniques, activities, sources of supply, construction plans, computer systems, software, advertising materials, customer lists, internet protocols, training materials, staffing policies, communications, and research and development programs.

The Franchisee must also cease using the Engel & Volkers System, including the Trademarks, and Confidential Information immediately after termination or expiration. Franchisees must also remove the Engel & Volkers name from its business name, if applicable, and discontinue using any documents referring to the Engel & Volkers System, such as advertising materials and letterheads. Additionally, franchisees must remove all visual features associated with Engel & Volkers offices.

These measures are typical in franchising to protect the brand's intellectual property and competitive advantage. Franchisees should be aware of these post-termination obligations and ensure they have a plan in place to comply with them to avoid potential legal issues.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.

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