Under the Hardees confidentiality agreement, what is the condition for disclosing Confidential Information to partners, employees, advisors, or other representatives?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
I agree not to make any use of the Confidential Information, not to make any copies of the Confidential Information and not to reveal any of the Confidential Information to any person who has not signed a Confidentiality Agreement with HR. In the event I want to disclose the Confidential Information to my partners, employees, advisors or other representatives, I will ensure that such partner, employee, advisor or other representative: (A) has a reasonable need to know the Confidential Information in connection with the evaluation of the franchise opportunity; and (B) has been advised of the confidential nature of the Confidential Information and has agreed to maintain the confidential nature.
Source: Item 22 — Contracts (FDD page 85)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, if a prospective franchisee wants to disclose Confidential Information to their partners, employees, advisors, or other representatives, they must ensure two conditions are met. First, the recipient must have a reasonable need to know the Confidential Information in connection with evaluating the franchise opportunity. Second, the recipient must be advised of the confidential nature of the information and agree to maintain its confidentiality.
This requirement ensures that Hardees's confidential business information is only shared with individuals who have a legitimate reason to access it during the franchise evaluation process. It also emphasizes the importance of maintaining the confidentiality of this information, protecting Hardees's competitive advantage. The prospective franchisee is responsible for ensuring that anyone they share the information with understands and agrees to these conditions.
This type of confidentiality agreement is standard practice in franchising. Franchisors like Hardees need to protect their proprietary information, including operating manuals, marketing strategies, and financial data. By requiring these agreements, Hardees aims to minimize the risk of unauthorized disclosure and maintain the value of its franchise system. Prospective franchisees should carefully review the confidentiality agreement and understand their obligations before receiving confidential information.