What is the duration of the Associate's obligation to not disclose Floyds 99's Confidential Information?

According to the 2025 Floyds 99 Franchise Disclosure Document, an Associate is obligated to maintain the confidentiality of Floyds 99's proprietary information at all times. Specifically, the Developer (which may include an Associate) is prohibited from publishing, disclosing, divulging, or communicating Floyds 99's Confidential Information to any entity or using it for their own benefit or the benefit of others, except for the use of Floyds 99 or its shops developed under the agreement. This obligation extends indefinitely, as the Developer is restricted from disclosing confidential information "at any time".

This perpetual confidentiality obligation means that even after the termination or expiration of any agreement with Floyds 99, the Associate remains legally bound to protect the confidentiality of the brand's proprietary information. This includes, but is not limited to, client lists, vendor lists, product formulas, and any information contained in the Operations Manual. The only exception to this rule is information that is generally available to the public.

For a prospective Floyds 99 franchisee, this clause highlights the importance of carefully managing and protecting the brand's Confidential Information. Any unauthorized disclosure could result in significant legal and financial repercussions. This is a standard practice in franchising, as franchisors need to protect their trade secrets and proprietary systems to maintain a competitive advantage and the integrity of the brand.

It is important to note that this obligation applies not only to the franchisee but also to anyone associated with the Floyds 99 shop, including officers, partners, directors, agents, Principal Managers, employees, principals, beneficial owners, or immediate family members. Therefore, franchisees must ensure that all individuals associated with their business are aware of and comply with this confidentiality requirement.