factual

What must an Afuri Ramen Dumpling franchisee do with confidential information received upon termination?

Afuri_Ramen_Dumpling Franchise · 2024 FDD

Answer from 2024 FDD Document

  • 6.5.7 Upon termination for any reason, you will return to us all proprietary and confidential materials, including customer lists and account information, keys, codes, signage, advertising and marketing materials, service agreements and other forms, printed files, security codes, and additional similar items and information as may be described in the Operations Manual. If you fail to return or cease use of any of these items, we may enter your business premises without being guilty of trespass or any other tort to remove and retain the items. You will pay to us, on demand, any expenses we incur in trying to remove or collect such items or in attempting to have you cease use of them.

Source: Item 23 — Receipts (FDD pages 50–189)

What This Means (2024 FDD)

According to Afuri Ramen Dumpling's 2024 Franchise Disclosure Document, upon termination of the franchise agreement for any reason, the franchisee must return all proprietary and confidential materials to Afuri Ramen Dumpling. This includes customer lists and account information, keys, codes, signage, advertising and marketing materials, service agreements and other forms, printed files, security codes, and additional similar items and information as may be described in the Operations Manual.

If the franchisee fails to return or cease use of any of these items, Afuri Ramen Dumpling has the right to enter the franchisee's business premises without being guilty of trespass or any other tort to remove and retain the items. The franchisee will be responsible for paying Afuri Ramen Dumpling, on demand, any expenses incurred in trying to remove or collect such items or in attempting to have the franchisee cease use of them.

This clause ensures that Afuri Ramen Dumpling maintains control over its confidential information and proprietary materials even after a franchise agreement ends. It protects the brand's competitive advantage and prevents former franchisees from using sensitive information to compete against the system. Prospective franchisees should understand the importance of safeguarding confidential information and the potential consequences of failing to do so, both during and after the franchise term.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.