Are individuals who sign the personal undertaking and guarantee for a Kitchen Solvers franchise required to maintain confidentiality of proprietary information?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
- E. Confidential Information. You and your Personal Guarantors (as described in Subparagraph 16.F) must not, during the term of this Agreement or thereafter, communicate, divulge or use for the benefit of any other person or entity any Confidential Information, except to such employees as must have access to it to operate your Business. For purposes of this Agreement, "Confidential Information" means proprietary information, knowledge and know-how, including processes, materials, methods, procedures, suggested pricing, specifications, techniques and other data concerning the methods of operation of a KITCHEN SOLVERS Business. Any and all Confidential Information must not be used for any purpose other than conducting your Business in the Territory. We may require that you obtain nondisclosure and confidentiality agreements in a form satisfactory to us from any persons owning a minority interest in your Business and from other key employees. You must provide copies of the executed agreements to us upon request.
Source: Item 15 — Obligation to Participate in the Actual Operation of the Franchise Business (FDD pages 35–36)
What This Means (2025 FDD)
According to Kitchen Solvers's 2025 Franchise Disclosure Document, both the franchisee and their Personal Guarantors are obligated to maintain the confidentiality of proprietary information, both during the term of the Franchise Agreement and after its termination. This obligation extends to not communicating, divulging, or using Confidential Information for the benefit of any other person or entity, except for employees who need access to it to operate the Kitchen Solvers Business. Confidential Information includes proprietary information, knowledge, know-how, processes, materials, methods, procedures, suggested pricing, specifications, techniques, and other data concerning the methods of operation of a Kitchen Solvers Business.
The Franchise Agreement specifies that all Confidential Information must be used solely for conducting the Kitchen Solvers Business within the designated territory. Kitchen Solvers may also require franchisees to obtain nondisclosure and confidentiality agreements from individuals owning a minority interest in the business and from other key employees, with copies of these agreements provided to Kitchen Solvers upon request.
This confidentiality requirement is further reinforced by the stipulation that franchisees must treat and maintain the Kitchen Solvers Business System Online Manual and all proprietary information as secret and confidential. Upon termination of the Franchise Agreement, franchisees are required to return all proprietary information, including the Kitchen Solvers Business Systems Online Manual and all other copyrighted material, to Kitchen Solvers. Franchisees are also obligated to notify Kitchen Solvers immediately if they become aware of any unauthorized use of proprietary information, although Kitchen Solvers retains the sole right to decide on the appropriate response to such unauthorized use.