What is a Marble Slab Creamery customer allowed to use the Confidential Information for?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
During the term of this Agreement, Customer may have access to and become familiar with various trade secrets, confidential or proprietary information of MSF, including but not limited to specifications, drawings, samples, plans, business operations, pricing, menus, discounts or rebates, compilations of data and information selected, arranged and processed by MSF, invoices, restaurant development information, marketing plans, financial information of MSF, and other technical, marketing and/or business information disclosed by MSF to Customer, whether oral or written in electronic or other form or media, and whether or not marked, designated or otherwise identified as "confidential" and all improvements, developments, supplements and derivations of any of the foregoing (collectively referred to herein as "Confidential Information").
Customer agrees that it shall use the Confidential Information solely for performing its obligations under this Agreement and that such Confidential Information may not be disclosed or otherwise used except upon MSF's prior written consent, which may be withheld in its discretion.
Customer shall further take reasonable precautions and act in such a manner as to ensure against unauthorized disclosure or use of MSF's Confidential Information in Customer's possession or control.
This Section shall not apply to information that is (i) in the public domain, (ii) known to Customer at the time of disclosure, or (iii) rightfully obtained by Customer on a nonconfidential basis from a third party.
Any and all files, records, documents, information, data, and similar items relating to the business of MSF, any of MSF's contacts, vendors or contractors or any of the Confidential Information, whether prepared by Customer or otherwise coming into its possession as a result of its services for MSF, shall remain the exclusive property of MSF.
Customer shall promptly deliver to MSF or destroy, at MSF's sole discretion, any of MSF's Confidential Information in Customer's possession or control (without Customer retaining any copies) upon expiration or termination of this Agreement.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to the 2025 Marble Slab Creamery FDD, a customer's use of confidential information is explicitly restricted. The FDD states that the customer may only use the Confidential Information solely for performing its obligations under this Agreement. The agreement also states that such Confidential Information may not be disclosed or otherwise used except upon MSF's prior written consent, which may be withheld in its discretion.
This means a Marble Slab Creamery customer cannot freely use or share any confidential information they gain access to. This includes specifications, drawings, samples, plans, business operations, pricing, menus, discounts or rebates, compilations of data and information selected, arranged and processed by MSF, invoices, restaurant development information, marketing plans, financial information of MSF, and other technical, marketing and/or business information disclosed by MSF to Customer, whether oral or written in electronic or other form or media, and whether or not marked, designated or otherwise identified as "confidential" and all improvements, developments, supplements and derivations of any of the foregoing.
The customer must also take reasonable precautions to prevent unauthorized disclosure or use of Marble Slab Creamery's confidential information. Upon termination of the agreement, the customer must promptly return or destroy any of Marble Slab Creamery's confidential information in their possession, without retaining any copies. These restrictions do not apply to information that is already in the public domain, known to the customer at the time of disclosure, or rightfully obtained by the customer from a third party on a nonconfidential basis.