What exceptions exist regarding confidential information disclosed by Face Foundrie?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
Except for the purpose of operating a Facial Bar under a Franchise Agreement, you may not communicate, disclose, or use for any person's benefit any of the confidential information, knowledge, or know-how concerning the development and operation of the Facial Bar that may be communicated to you or that you may learn by virtue of your operation of a Facial Bar. Our Operations Manuals are confidential information. If any confidential information, knowledge, or know-how constitutes a trade secret under applicable law, these restrictions will continue if and for so long as the confidential information, knowledge, or know-how is considered a trade secret. You may divulge confidential information only to those of your employees who must have access to it to operate the Facial Bar. Any information, knowledge, know-how, and techniques that we designate as confidential will be deemed "confidential" for purposes of the Franchise Agreement. However, this will not include information that you can show came to your attention before we disclosed it to you; or that at any time became a part of the public domain through publication or communication by others having the right to do so.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 48–49)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, franchisees are bound to protect the confidential information related to the Facial Bar's development and operation, which includes the Operations Manuals. This information cannot be disclosed or used for anyone's benefit outside the scope of operating the franchise. These restrictions apply as long as the information remains a trade secret under applicable law. Franchisees are allowed to share confidential information only with employees who need it to operate the Facial Bar. Any information designated as confidential by Face Foundrie is considered confidential under the Franchise Agreement.
However, there are exceptions to what is considered confidential. Information that the franchisee can prove they already knew before Face Foundrie disclosed it, or information that has become public knowledge through legitimate means, is not considered confidential. This means that if a franchisee possessed certain knowledge independently or if the information enters the public domain through authorized channels, the franchisee is not obligated to keep that information confidential.
Face Foundrie also requires franchisees to implement procedures to prevent unauthorized use or disclosure of confidential information. Furthermore, Face Foundrie may require franchisees, their Operating Partners, other owners, and key employees to sign confidentiality, non-competition, and non-solicitation agreements. These agreements prevent them from competing with Face Foundrie, disclosing confidential information or trade secrets, and soliciting employees of Face Foundrie or other Face Foundrie locations. Franchisees must promptly inform Face Foundrie of any unauthorized use or disclosure of confidential information.