Can an Associate of a Floyds 99 franchise use Confidential Information for their own benefit?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
Consequently, Developer shall not at any time, publish, disclose, divulge or in any manner communicate to any person, firm, corporation, association, partnership or any other entity whatsoever or use, directly or indirectly, for its own benefit or for the benefit of any person, firm, corporation or other entity other than for the use of Franchisor or the FLOYD'S 99 Shop(s) developed under this Agreement, any of the Confidential Information of Franchisor or its affiliates.
Franchisor and Developer agree that the Confidential Information does not include information that is generally available to the public.
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, an Associate is prohibited from using Confidential Information for their own benefit or for the benefit of any entity other than Floyds 99 or its shops. Confidential Information includes the company's business format, plans, methods, data, processes, marketing systems, manuals, product formulas, techniques, designs, layouts, operating procedures, trademarks, proprietary marks, and know-how. This information is considered proprietary and a trade secret of Floyds 99.
The FDD specifies that unauthorized disclosure or use of Confidential Information would be wrongful and cause irreparable harm to Floyds 99. Confidential Information also includes client lists, vendor lists, product formulas, and any information in the Operations Manual that gives Floyds 99 an advantage over competitors. Floyds 99 has invested significant effort and money in developing this information and takes precautions to protect its secrecy.
Therefore, an Associate cannot publish, disclose, divulge, or communicate Confidential Information to any third party or use it for their own benefit. The only permissible use is for the benefit of Floyds 99 or its franchised shops. The FDD clarifies that information generally available to the public is not considered Confidential Information. This restriction is in place to protect Floyds 99's competitive advantage and the value of its proprietary information.