What is the Associate prohibited from communicating to others regarding Floyds 99's Confidential Information?
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 FDD, an Associate is prohibited from publishing, disclosing, divulging, or communicating in any manner the Confidential Information of Floyds 99 or its affiliates to any person, firm, corporation, association, partnership, or any other entity. They are also prohibited from using the Confidential Information directly or indirectly for their own benefit or for the benefit of any entity other than Floyds 99 or the FLOYD'S 99 Shop(s) developed under the Franchise Agreement.
The Confidential Information includes the distinctive business format, plans, methods, data, processes, marketing systems, manuals, product formulas, techniques, designs, layouts, operating procedures, trademarks, proprietary marks and information, and know-how of Floyds 99. It also includes client lists, vendor lists, product formulas, information in the Operations Manual, and any information that gives Floyds 99 an advantage over competitors.
This restriction ensures that the proprietary knowledge and trade secrets that contribute to Floyds 99's competitive edge are protected. The FDD states that unauthorized disclosure or use of the Confidential Information would cause irreparable injury and harm to Floyds 99. However, the confidentiality agreement does not extend to information that is generally available to the public.