What precautions must a customer take to protect Marble Slab Creamery's Confidential Information?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Marble Slab Creamery's 2025 Franchise Disclosure Document, as a customer, you must take reasonable precautions to ensure against unauthorized disclosure or use of Marble Slab Creamery's Confidential Information in your possession or control. This means customers should handle any sensitive information they may encounter (such as pricing, menus, or business operations details) with care to prevent it from being accessed or shared inappropriately. This obligation exists during the term of the agreement between the customer and Marble Slab Creamery. Confidential Information 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.
This requirement does 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. Any 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.
Upon the expiration or termination of the agreement, the customer must promptly deliver to Marble Slab Creamery or destroy, at Marble Slab Creamery's discretion, any of Marble Slab Creamery's Confidential Information in their possession or control, without retaining any copies. This ensures that sensitive business information remains protected even after the formal relationship ends. This is a standard practice in franchising to protect the brand's competitive advantage and proprietary information.