Am I allowed to use Aw's confidential information in an unauthorized manner?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
You may not use our confidential information (as defined in the Franchise Agreement) in any unauthorized manner. You must take reasonable steps to prevent disclosure of our confidential information to others, including having your managers and employees sign a confidentiality agreement. All of your managers and other employees who attend our training programs, seminars or conferences and/or have access to the confidential information must maintain the confidentiality of that information and sign a confidentiality agreement in a form approved by us. You must provide us with copies of the signed confidentiality agreements before the manager or employees receives training.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 32)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, you are explicitly prohibited from using their confidential information in any unauthorized manner. Aw considers its confidential and proprietary information and trade secrets to include methods, techniques, products, knowledge, operational procedures, supply sources, recipes, sales data, marketing programs, restaurant layouts, and training methods. This information is disclosed to franchisees through prototype plans, site selection advice, training programs, approved supplier lists, and the Operations Manual.
The franchise agreement specifies that your relationship with Aw only grants you the right to use confidential information for operating an Aw franchise. Using or duplicating this information in any other business is considered unfair competition, a breach of the agreement, and copyright infringement. You must maintain the absolute confidentiality of this information during and after the term of the agreement and prevent unauthorized copies or disclosures.
To protect Aw's confidential information, you must implement reasonable procedures, including requiring your managers and employees to sign confidentiality agreements. Aw has the right to prescribe the form of these agreements and receive copies. However, the restrictions on disclosure and use do not apply to information generally known in the food and restaurant industry (unless the availability is due to your disclosure) or when disclosure is legally required in legal proceedings, provided Aw has the opportunity to obtain a protective order.