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It can also be used in the freelance writing world where a ghost writer is hired to produce information that will be published under another persons name as a way to ensure that the writer does not attempt to claim responsibility. The agreement should not only explain what information is to be held in the strictest confidence but what steps will be taken if there is a breach. Not only should it cover any disciplinary actions that will be taken but it may cover provisions for legal action should the breach create a situation where litigation on behalf of the client whose information has been made public. It should also explain how the confidential information should be treated and what safeguards are in place to prevent a leak.
This clause can be combined or can be expanded which most Franchise agreement templates will have in detail for clarity of the contract. Operating protocol: The franchisor will have some rule regulations and some policies through which they govern their business. These protocols have to be clearly lettered in the Franchise agreement templates for avoiding any issues later which might result in termination of the contract. Resale rights: The resale rights are the basic rights for which the policy has to be absolutely clear. All Franchise agreement templates will have details for establishing the fact very clearly if the company is allowed to resale the franchise or sell off the rights to use the trademark etc. Renewal policy and termination/cancellation policies.
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Then insert some wide ranging exceptions to this definition of confidential information that make the agreement a fair one. Typically you would tell the party that is going to receive your confidential data that they dont have to protect any of your materials if they happen to be already out there in the public domain are previously in the receiving partys possession (which means they developed the same thing on their own) or were given to the receiving party by a third party. These kinds of exceptions are important because its not fair to require the receiving party to lock up your materials if they really arent confidential to you. At the same time anything that doesnt fall within one of these exceptions really should be kept confidential because no one else is in possession of it.