What is the definition of 'Confidential Information' in the Engineering For Kids non-disclosure agreement?
Engineering_For_Kids Franchise · 2025 FDDAnswer from 2025 FDD Document
- Confidential Information. Member shall not, during the term of the Franchise Agreement or thereafter, communicate, divulge or use, for any purpose other than the operation of the Engineering For Kids Business, any confidential information, knowledge, trade secrets or know-how which may be communicated to Member or which Member may learn by virtue of Member's relationship with Franchisee. All information, knowledge and know-how relating to EFK, its business plans, Engineering For Kids Businesses, or the System ("Confidential Information") is deemed confidential, except for information that Member can demonstrate came to Member's attention by lawful means prior to disclosure to Member; or which, at the time of the disclosure to Member, had become a part of the public domain.
Source: Item 23 — RECEIPTS (FDD pages 53–138)
What This Means (2025 FDD)
According to Engineering For Kids' 2025 Franchise Disclosure Document, confidential information includes all information, knowledge, and know-how related to Engineering For Kids, its business plans, Engineering For Kids Businesses, or the System. The System refers to the distinctive specifications and operating procedures developed by Engineering For Kids for its educational program businesses. This broad definition aims to protect the franchisor's proprietary information and trade secrets.
However, there are exceptions. Information is not considered confidential if a member (likely an employee or someone affiliated with the franchisee) can demonstrate they lawfully knew it before it was disclosed to them by Engineering For Kids. Similarly, information that has already become part of the public domain at the time of disclosure is not considered confidential. This acknowledges that some information may already be generally known and accessible.
Engineering For Kids requires franchisees to ensure that their employees or anyone else they disclose confidential information to signs an agreement to maintain its confidentiality. Failure to obtain these signed agreements from relevant parties constitutes a default under the franchise agreement. This highlights the importance Engineering For Kids places on protecting its confidential information and the franchisee's responsibility in upholding these protections.