For what purpose am I allowed to use Mrcool's Confidential Information?
Mrcool Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4. Protection of the Confidential Information. You agree that: (i) you will not use the Confidential Information in any business or capacity other than the MRCOOL Center; (ii) you will maintain the confidentiality of the Confidential Information at all times; (iii) you will not make unauthorized copies of documents containing the Confidential Information; (iv) you will take such reasonable steps as the we may ask of you from time to time to prevent unauthorized use or disclosure of the Confidential Information; and (v) you will stop using the Confidential Information immediately at our request or demand. You will not use the Confidential Information for any purpose other than for the performance of your duties on behalf of us and in accordance with the scope of your work with us.
Source: Item 23 — RECEIPTS (FDD pages 55–263)
What This Means (2025 FDD)
According to the 2025 Mrcool FDD, as an employee, independent contractor, officer, or director of a Mrcool Center, you will have access to Confidential Information. However, your use of this information is strictly limited to the operation of the Mrcool Center. You are entrusted with maintaining the confidentiality of this information and preventing its unauthorized use or disclosure. Mrcool also defines Confidential Information as 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. It also includes information concerning customers, customer lists, email lists, database lists, product sales, operating results, financial performance and other financial data of the MRCOOL Center.
The agreement emphasizes that you should not use the Confidential Information for any purpose other than performing your duties on behalf of Mrcool and within the scope of your work. This restriction remains in effect, and you must cease using the Confidential Information immediately upon request or demand from Mrcool. This is further reinforced by the agreement stipulating that upon termination of the franchise agreement, the franchisee must permanently cease using the Confidential Information, Licensed Marks, Business Management System Data, and Operations Manual.
This clause is typical in franchise agreements to protect the franchisor's proprietary information and maintain a competitive advantage. By agreeing to these terms, a franchisee acknowledges the importance of keeping Mrcool's operational methods and customer data secure and using them solely for the benefit of the Mrcool Center. The franchisee also waives any right to challenge these restrictions, affirming their reasonableness and enforceability.