For how long after the termination or expiration of the Face Foundrie Franchise Agreement are the restrictions on using Confidential Information in effect?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee and each Restricted Party agree that the restrictions contained in the preceding sentences in this Section 7.02(b) will remain in effect with respect to Confidential Information for five (5) years following termination or expiration of this Agreement for any reason; provided, however, if the Confidential Information rises to the level of a trade secret under applicable law, then such restriction shall remain in effect until such time as the information does not constitute a trade secret.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, franchisees and restricted parties are restricted from using confidential information for five years following the termination or expiration of the Franchise Agreement. However, if the confidential information rises to the level of a trade secret under applicable law, then such restriction shall remain in effect until such time as the information does not constitute a trade secret.
This means that even after a Face Foundrie franchise closes or the agreement ends, the franchisee cannot use or disclose any confidential information learned during the franchise term. This includes things like operating methods, marketing strategies, and supplier information. The restriction lasts for five years, providing Face Foundrie with a window to protect its business practices.
The indefinite protection of trade secrets is a standard practice. This clause ensures that Face Foundrie's most valuable proprietary information remains protected indefinitely, as long as it qualifies as a trade secret under the law. This is a significant protection for Face Foundrie, as trade secrets are often the core competitive advantage of a franchise system. Prospective franchisees should carefully consider the scope of 'Confidential Information' and 'trade secrets' to understand the full extent of these restrictions.