What agreement must the transferee's personnel with access to confidential information execute for a Mrcool franchise transfer?
Mrcool Franchise · 2025 FDDAnswer from 2025 FDD Document
- (13) Transferee's employees, directors, officers, independent contractors, and agents who will have access to Confidential Information shall execute the Confidentiality Agreement attached hereto as Exhibit 2;
Source: Item 23 — RECEIPTS (FDD pages 55–263)
What This Means (2025 FDD)
According to Mrcool's 2025 Franchise Disclosure Document, if a franchisee transfers their franchise, the transferee's personnel who will have access to confidential information must sign a Confidentiality Agreement. This agreement is attached as Exhibit 2 in the Mrcool Franchise Agreement.
This requirement ensures that Mrcool's sensitive business information remains protected even after a franchise changes ownership. Confidential information, as defined in the agreement, includes non-public methods, specifications, standards, policies, procedures, information, concepts, programs and systems relating to the development, establishment, marketing, promotion and operation of the MRCOOL Center, customer information, Business Management System Data, and the contents of the MRCOOL Operations Manual.
The Confidentiality Agreement in Exhibit 2 is a sample form, and Mrcool recommends that franchisees have the agreement reviewed and approved by an independent local attorney before using it with an employee or contractor. This step is crucial to ensure that the agreement complies with local laws and adequately protects the franchisee's and Mrcool's interests.
By requiring the transferee's personnel to sign this agreement, Mrcool aims to maintain the integrity and confidentiality of its business operations and protect its competitive advantage. Prospective franchisees should carefully review Exhibit 2 and understand the obligations it imposes on their employees and contractors.