Franchise Non Disclosure Agreement

Virtually every franchise business owner requires a franchisee prospect to sign a NDA (Non disclosure agreement) before showing the prospective franchisee trade secrets regarding their franchise business model.

The franchise non disclosure agreement is a legally binding document that acknowledges the fact that the potential franchisee will be shown information about the franchise business that the franchise company as a propriety interest in maintaining the confidentiality of and as such the franchisee prospect undertakes not to disclose any such information and either purposely or otherwise let it enter into the public domain.

Also part of the non disclosure agreement should limit the amount of any confidential information that a franchisee prospect can disclose to their professional advisers and accountants etc to such as is deemed necessary for the purposes of the franchise proposal.

Finally the non disclosure agreement will usually have a clause that requests the return of any confidential material or documents regarding the franchise business which are held by the prospect upon completion of the franchise proposal.

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Franchise business opportunity brochures

The vast majority of franchise businesses have their own purposely written franchise brochure giving important information regarding their franchise opportunity.

The purpose of the franchise brochure is to give a potential franchisee prospect relevant information about the franchise business that will enable them to make an informed decision on whether to pursue the franchise company’s franchise business offer. 

The Franchise brochure gives prospects an interesting and informed insight into the franchise business and its field of operation.

Trade secrets are never mentioned within a franchise company’s brochure but information that will be useful for a franchise prospect to make up their mind about the franchise business such as how profitable the business can be, why consider the business, what qualities people require to succeed, what the franchise business offers you, how much you can earn etc are usually mentioned.

Usually a franchise brochure is sent out by the franchise company upon receipt of a new enquiry from a franchise prospect.  Increasingly in these days of mass internet usage many prospects get very impatient about having to wait for the franchise brochure to arrive through the post, so with this in mind many franchise company’s now keep their franchise brochures in PDF format so they can send it out quickly to a prospect as an attachment to an email.

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Franchise business operational manuals

An essential part of any business franchise package is the supplying of the franchise companies operations manual to a new franchisee.  Franchise operational manuals are usually closely linked to the franchising companies franchise contract and as such its contents should at all times remain strictly confidential and upon the franchisee deciding to either sell his or her business or for what ever reason pack up their business then the Franchise operational manual should always be returned to the franchisor.

The Franchise operational manual/bible should be written in a simple straight forward and easy to understand manner to such a degree that if it were to be lost then who ever were to find it would be able to pick it up read it and be able to follow it and if they were so minded start trading within that business field.

It is for this reason that the Franchise companies operational manual is strickly tied to the franchise agreement, basically it carries all the franchise company’s trade secrets and operating systems and for reason that are plainly obvious it should not enter into any other persons hands outside of the scope of the franchise business.

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