According to Mrcool's 2025 Franchise Disclosure Document, franchisees are prohibited from making unauthorized copies of documents containing Confidential Information, both during the term of the agreement and after its expiration or termination. This obligation extends not only to the franchisee but also to their Owners and Spouses, who must sign a Franchise Owner and Spouse Agreement and Guaranty. Additionally, it applies to the franchisee's directors, officers, employees, and agents if they have access to the Know-How and have signed a Confidentiality Agreement.

This restriction is part of a broader set of covenants designed to protect Mrcool's Know-How and Confidential Information. Franchisees must maintain the confidentiality of the Know-How and Confidential Information at all times and take reasonable steps to prevent unauthorized use or disclosure. They must also cease using the Know-How and Confidential Information immediately upon the expiration, termination, or transfer of the Franchise Agreement.

For a prospective Mrcool franchisee, this means understanding the scope of what constitutes Confidential Information and Know-How is crucial. They must implement measures to prevent unauthorized copying and disclosure within their organization. This includes ensuring that all relevant parties (owners, spouses, employees, etc.) are aware of and comply with these restrictions, with employees and others signing a Confidentiality Agreement.

The Confidentiality Agreement exhibited in the FDD is a sample and Mrcool recommends that franchisees have the agreement reviewed and approved by an independent local attorney before using it with an employee or contractor. Failure to comply with these covenants can result in legal action from Mrcool, including injunctive relief and potential monetary damages, highlighting the importance of strict adherence to these confidentiality obligations.