Can I divulge Expense Reduction Analysts' Confidential Information to my employees?
Expense_Reduction_Analysts Franchise · 2025 FDDAnswer from 2025 FDD Document
The Confidential Information is proprietary, involves trade secrets of the Franchisor, and is disclosed to me solely on the condition that I agree, and I do hereby agree, that I shall hold in strict confidence all Confidential Information and all other information designated by the Franchisor as confidential.
Unless the Franchisor otherwise agrees in writing, I will disclose and/or use the Confidential Information only in connection with my duties as [INSERT TITLE] of the Franchisee, and will continue not to disclose any such information even after I cease to be in that position and will not use any such information even after I cease to be in that position unless I can demonstrate that such information has become generally known or easily accessible other than by the breach of an obligation of Franchisee under the Franchise Agreement.
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- I will surrender any material containing some or all of the Confidential Information to the Franchisor, upon request, or upon conclusion of the use for which the information or material may have been furnished.
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- Except as otherwise approved in writing by the Franchisor, I shall not, while in my position with the Franchisee, for myself, or through, on behalf of, or in conjunction with any person, persons, partnership, corporation or limited liability company, own, maintain, engage in, be employed by, or have any interest in any other business that: (i) is involved in cost reduction and supplier relationship management consulting similar to the Franchised Business and/or that features, offers and/or sells products and services similar to the those offered and sold by the Franchised Business and/or other ERA Group franchises (a "Competing Business"); or (iii) grants or has granted franchises or licenses, or establishes or has established joint ventures, for one or more Competing Businesses. I also agree that I will not undertake any action to divert business from the Franchised Business to any Competing Business or solicit any of the former customers or employees of Franchisee for any competitive business purpose. All parties acknowledge and agree that there is no intent to prohibit me from obtaining employment or engagement with another franchisee of Franchisor.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 39–40)
What This Means (2025 FDD)
According to Expense Reduction Analysts' 2025 Franchise Disclosure Document, as a franchisee, you are required to hold all Confidential Information in strict confidence. Unless Expense Reduction Analysts agrees otherwise in writing, you can only disclose and/or use the Confidential Information in connection with your duties as the franchisee.
Even after you cease to be in the position as a franchisee, you must continue to keep the information confidential, unless you can demonstrate that such information has become generally known or easily accessible through means other than a breach of your obligations under the Franchise Agreement.
Upon request or conclusion of the use for which the information was furnished, you must surrender any material containing some or all of the Confidential Information to Expense Reduction Analysts. These restrictions ensure the protection of Expense Reduction Analysts' proprietary information and trade secrets.