Who is required to sign a Confidentiality Agreement to receive Engel & Volkers Confidential Information?
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, several parties are required to sign a Confidentiality Agreement to access the brand's confidential information. Specifically, the franchisee must ensure that their shareholders, partners, members, officers, directors, managers, staff members, and Sales Advisors execute Engel & Volkers's standard Confidentiality Agreement and Covenant Not to Compete. This requirement ensures that all individuals with access to sensitive business and operational data are legally bound to protect it.
This requirement is in place to protect Engel & Volkers's Confidential Information, which includes business and operational secrets, information related to the Engel & Volkers System, the Integrated Product Suite, and know-how conveyed in the System Documentation. The agreement aims to prevent the unauthorized disclosure or use of this information, which could harm the franchisor's competitive advantage and proprietary interests. The agreement also applies to third parties who are presented with Confidential Information during a potential sale of the franchise.
For a prospective Engel & Volkers franchisee, this means they must implement procedures to ensure all relevant personnel and potential buyers sign the required agreements. This includes providing the necessary forms and ensuring they are properly executed and stored. Failure to comply with this requirement could result in a breach of the Franchise Agreement and potential legal consequences. Franchisees should familiarize themselves with the specific terms of the Confidentiality Agreement and Covenant Not to Compete to fully understand their obligations.
This level of detail regarding confidentiality is fairly standard in franchising, as franchisors need to protect their intellectual property and trade secrets. Franchisees should view these requirements as a necessary part of operating within the Engel & Volkers system and take the appropriate steps to comply.