Does the introductory text for 7 Brew mention any confidentiality obligations?
7_Brew Franchise · 2025 FDDAnswer from 2025 FDD Document
ing Confidential Information for my own purpose or benefit. I also agree to surrender any material containing any of Franchisor's Confidential Information upon request or upon termination of my employment or association with Franchisee. I understand that the Operations Manual is provided by Franchisor to Franchisee for a limited purpose, remains Franchisor's property, and may not be reproduced, in whole or in part, without Franchisor's prior written consent.
For purposes of this Agreement, "Confidential Information" means certain information, processes, methods, techniques, procedures, and knowledge, including know-how (which includes information that is secret and substantial), manuals, and trade secrets (whether or not judicially recognized as a trade secret), developed or to be developed by Franchisor relating directly or indirectly to the development or operation of a 7 BREW Store. With respect to the definition of know-how, "secret" means that the know-how as a body or in its precise configuration is not generally known or easily accessible, and "substantial" means information that is important and useful to Franchisee in developing and operating Franchisee's Store. Without limiting the foregoing, Confidential Information includes, but is not limited to:
- (1) information in the Operations Manual and Brand Standards;
- (2) layouts, designs, and other plans and specifications for 7 BREW Stores;
- (3) methods, formats, specifications, standards, systems, procedures, sales and marketing techniques, and knowledge and experience used in developing and operating 7 BREW Stores;
(4) marketing research and promotional, marketing, and advertising programs for 7 BREW Stores; (5) the standards, processes, information, and technologies involved in creating, developing, operating, maintaining, and enhancing digital and other sales platforms; (6) knowledge of specifications for and suppliers of, and methods of ordering, the Store's physical structure, certain Operating Assets, products, services, materials, and supplies that 7 BREW Stores use and sell; (7) knowledge of the operating results and financial performance of 7 BREW Stores other than Franchisee's Store; (8) customer solicitation, communication, and retention programs, along with Data used or generated in connection with those programs; (9) all Data and all other information generated by, or used or developed in, the Store's operation, including Consumer Data, and any other information contained from time to time in the Computer System or that visitors (including you) provide to the System Website; and (10) any other information Franchisor reasonably designates as confidential or proprietary. 2. If there is a dispute or question arising out of the interpretation of this Agreement or any of its terms, the laws of the State of [___________] will govern. [Insert franchisee's home state.] 3. I acknowledge receipt of a copy of this Agreement and that I have read and understand this Agreement. This Agreement may not be modified except in writing with the prior approval of an officer of each of Franchisee and Franchisor.
Source: Item 22 — CONTRACTS (FDD pages 82–83)
What This Means (2025 FDD)
According to the 2025 FDD, 7 Brew emphasizes the importance of maintaining the confidentiality of its proprietary information. The FDD broadly defines "Confidential Information" as any data, processes, methods, techniques, procedures, and knowledge related to the development and operation of a 7 Brew store. This includes, but isn't limited to, information found in the Operations Manual and Brand Standards, store layouts and designs, and sales and marketing techniques. Franchisees are obligated to protect this information, recognizing it as proprietary and containing trade secrets.
7 Brew franchisees don't acquire any ownership of the Confidential Information, but they are granted the right to use it specifically for operating their store during the term of the franchise agreement. Franchisees must agree not to use this information in any other business or capacity, ensuring its absolute confidentiality both during and after the franchise term, as long as the information remains not generally known in the coffee industry. Unauthorized copying of Confidential Information is prohibited, and franchisees must implement reasonable procedures to prevent any unauthorized use or disclosure.
To ensure compliance, 7 Brew requires franchisees to disclose Confidential Information only to store personnel and others who need it to operate the store. Franchisees must also use confidentiality and nondisclosure agreements with those who have access to the information. While 7 Brew retains the right to pre-approve the forms of these agreements to protect its Confidential Information and the competitiveness of its stores, it does not control the terms of employment agreements or labor relations. Franchisees are also prohibited from selling, trading, or profiting from the Confidential Information in any way, including Consumer Data.