For Floyds 99, what is the permitted use of Confidential Information by the franchisee?
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, the franchisee, referred to as the 'Developer,' is permitted to use the Confidential Information of Floyds 99 solely for the operation of their franchised Floyds 99 shop. This encompasses the use of the franchisor's distinctive business format, plans, methods, data, processes, marketing systems, manuals, product formulas, techniques, designs, layouts, operating procedures, trademarks, proprietary marks, and know-how. The franchisee can use this information to operate their Floyds 99 shop under the agreement.
The Floyds 99 franchisee is explicitly prohibited from publishing, disclosing, divulging, or communicating the Confidential Information to any outside party, including individuals, firms, corporations, associations, partnerships, or any other entity. They are also barred from using the Confidential Information, either directly or indirectly, for their own benefit or for the benefit of any entity other than Floyds 99 or the Floyds 99 shop developed under the Franchise Agreement. This restriction is in place to protect Floyds 99's trade secrets and proprietary business methods.
The FDD specifies that Confidential Information includes, but is not limited to, client lists, vendor lists, product formulas, information within the Operations Manual, and any information that provides Floyds 99 and its affiliates with a competitive advantage. Information generally available to the public is excluded from the definition of Confidential Information. This clause ensures that franchisees understand the scope of information they must protect and the limitations on its use, safeguarding Floyds 99's competitive edge and proprietary assets.