For Afuri Ramen Dumpling, what must franchisees refrain from doing regarding the brand's standards?
Afuri_Ramen_Dumpling Franchise · 2024 FDDAnswer from 2024 FDD Document
with the Operations Manual and the System. We will not be required to grant any variance to you under any circumstances. You will not require us to disclose or grant to you a like or similar variation.
5.6 You Will Not Communicate or Use Confidential Information.
- 5.6.1 You specifically acknowledge that you will receive valuable specialized and Confidential Information, including information regarding our operational, sales, promotional and marketing methods and techniques, operating procedures, processes, practices, lists of suppliers, customer lists, manuals, communications methods, accounting and reporting methods, use of custom or proprietary software, marketing and sales techniques and strategies (collectively referred to as "Confidential Information" or "Proprietary Information" in this Agreement), and the System. Unless required by court order or applicable law, you agree not to copy, download to internet, intranet, modem, fax, e-mail, mail or send any Confidential Information or divulge any Confidential Information directly or indirectly to any other person or enterprise outside of the Afuri system.
- 5.6.2 During the term of this Agreement and forever after it expires or is terminated, you will never:
- A. communicate, fax, e-mail, post on an internet electronic bulletin board, or
- B. divulge or use in any other manner (either for your benefit or the benefit or any other person, persons, partnerships, associations, companies or corporations, except for the benefit of your Afuri franchise during the term of this Agreement)
any Confidential or Proprietary Information, knowledge or know-how concerning the System or any information we have communicated to you in written, verbal or electronic form, (including intranet passwords) for the operation of your Franchise.
- 5.6.3 The System includes valuable Proprietary and Confidential information. Unless required by court order or applicable law, you agree to not communicate or divulge the contents of our Operations Manuals or any other information related to the System or to the operation of the Franchise or our franchise system to any person or entity except those we authorize in writing to receive the information.
Source: Item 23 — Receipts (FDD pages 50–189)
What This Means (2024 FDD)
According to the 2024 Afuri Ramen Dumpling Franchise Disclosure Document, franchisees must not communicate or use the brand's Confidential Information in any unauthorized manner. This includes operational, sales, promotional and marketing methods, operating procedures, processes, practices, lists of suppliers, customer lists, manuals, communications methods, accounting and reporting methods, use of custom or proprietary software, marketing and sales techniques and strategies. Franchisees are prohibited from copying, downloading to the internet, intranet, modem, fax, e-mail, or mailing any Confidential Information, or divulging it directly or indirectly to anyone outside the Afuri system, unless required by court order or applicable law.
During the term of the Franchise Agreement and even after it expires or is terminated, franchisees must not communicate, fax, e-mail, or post Confidential Information on an internet electronic bulletin board. They are also barred from divulging or using this information in any other manner, whether for their own benefit or for the benefit of any other person or entity, except for the benefit of their Afuri Ramen Dumpling franchise during the term of the Agreement. Franchisees also agree not to use Confidential Information or the System, except as authorized by Afuri Ramen Dumpling, and must obligate their owners, board of directors, employees, and agents to the same non-use covenant. Any use of Confidential Information or the System by the franchisee or their associated parties requires written approval from Afuri Ramen Dumpling.
Furthermore, franchisees specifically agree not to disclose or use Afuri Ramen Dumpling's recipes, either directly or through any other entity or individual, in any manner other than in connection with Afuri franchises pursuant to the Franchise Agreement. This restriction is in place to protect the brand's unique offerings and maintain consistency across all franchise locations. These measures ensure that the proprietary knowledge and systems that contribute to Afuri Ramen Dumpling's brand identity and operational success are safeguarded, preventing unauthorized use or dissemination of sensitive information.