Is the System Documentation considered a trade secret by Engel & Volkers?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
Under the Franchise Agreement, you will receive a license to use information that is published in the System Documentation, training material, advertising and promotional materials, information technology, and other confidential information. We regard various proprietary information used in our business and supplied to you as valuable trade secrets. This proprietary information includes (but is not limited to): the System Documentation and all elements of the System; information concerning our business system, our referral system, business and marketing plans and resources; information technology; all information, knowledge, trade secrets or know-how utilized or embraced by the System and/or imparted to you by us or any of our affiliates which concerns our systems of operation, programs, services, products,
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 59–61)
What This Means (2025 FDD)
According to Engel & Volkers's 2025 Franchise Disclosure Document, the System Documentation is considered a valuable trade secret. Engel & Volkers emphasizes the confidential nature of the System Documentation, requiring franchisees to treat it as strictly confidential and restricting access to authorized personnel only. Franchisees are prohibited from copying, duplicating, or reproducing the System Documentation without prior written consent, and must return all copies upon termination or expiration of the Franchise Agreement.
The FDD highlights that Engel & Volkers regards various proprietary information, including the System Documentation, as valuable trade secrets. This extends to all elements of the System, information concerning their business and referral systems, business and marketing plans, information technology, and any know-how imparted to the franchisee. Franchisees must maintain the confidentiality of this information, ensuring their staff is aware of its proprietary nature and supervising its use.
This classification as a trade secret has significant implications for prospective franchisees. It means that the System Documentation holds substantial value and is integral to the Engel & Volkers system. Franchisees are entrusted with this information but must take stringent measures to protect it. The confidentiality obligations extend beyond the term of the Franchise Agreement, preventing franchisees from using this information in any other business or manner without written approval from Engel & Volkers. This underscores the importance of safeguarding the System Documentation and adhering to the confidentiality requirements outlined in the Franchise Agreement.