Who is responsible for requiring Mrcool managers and employees with access to confidential information to sign a confidentiality agreement?
Mrcool Franchise · 2025 FDDAnswer from 2025 FDD Document
Your managers and all other employees and agents with access to our confidential information will be required by us to sign a confidentiality agreement.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD page 42)
What This Means (2025 FDD)
According to Mrcool's 2025 Franchise Disclosure Document, Mrcool requires that the franchisee's managers, employees, and agents with access to confidential information sign a confidentiality agreement. This requirement is put in place by Mrcool itself.
This means that as a Mrcool franchisee, you are responsible for ensuring that anyone working for you who has access to sensitive company information, such as trade secrets or customer lists, signs a legally binding agreement to keep that information confidential. This is a standard practice in franchising to protect the brand's proprietary information and maintain a competitive advantage.
The FDD includes a sample confidentiality agreement as Exhibit 2, but it explicitly states that the franchisee should have this agreement reviewed and approved by an independent local attorney before using it with an employee or contractor. This is to ensure that the agreement complies with local laws and adequately protects Mrcool's interests. The confidentiality agreement sample states that Mrcool Franchising, LLC, is a third party beneficiary to the agreement, even though they do not own or manage the Mrcool Center.