What exceptions exist regarding 'Confidential Information' under the Face Foundrie agreement?

According to Face Foundrie's 2025 Franchise Disclosure Document, certain exceptions exist regarding what is considered 'Confidential Information.' This means that some information related to the Face Foundrie system is not subject to the confidentiality restrictions imposed on franchisees.

Specifically, information is not considered confidential if it (i) is already commonly known or available to the public, (ii) has been voluntarily disclosed to the public by Face Foundrie or its affiliates, (iii) has been independently developed or lawfully obtained by the franchisee without relying on disclosures from Face Foundrie, or (iv) has entered the public domain through lawful means. These exceptions protect franchisees from being unduly restricted from using or disclosing information that is already in the public domain or that they developed independently.

This is a fairly standard set of exceptions in franchise agreements. It is important for a prospective Face Foundrie franchisee to understand these exceptions, as they define the boundaries of what information they must keep confidential and what information they are free to use or disclose. Franchisees should also be aware that the definition of 'Confidential Information' is broad, encompassing various aspects of the Face Foundrie system, including equipment, products, marketing techniques, supplier information, and operating results.