Does Aw consider knowledge of test programs, concepts or results relating to new services and products as confidential information?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
illed and complied with all the terms of this Agreement. Your indemnification obligations described above will continue in full force and effect after, and notwithstanding, the expiration or termination of this Agreement.
9. CONFIDENTIAL INFORMATION; NON-COMPETITION
9.1 Types of Confidential Information. We possess certain unique confidential and proprietary information and trade secrets consisting of the following categories of information,
methods, techniques, products, and knowledge developed by us and our franchisees: (4) methods, techniques, formats, specifications, procedures, information, systems and knowledge of and experience in the development, operation, and franchising of Papa Ray's Pizza Restaurants; (2) source of supply, ordering and inventory control and methods of providing the products and services sold at Papa Ray's Pizza Restaurants; (3) recipes and methods for preparation of food products; (4) knowledge of sales and profit performance of any one or more Papa Ray's Pizza Restaurants; (5) knowledge of test programs, concepts or results relating to new services and products; sources of products; (6) advertising, marketing and promotional programs; (7) construction, lay-out, equipping and decoration of Papa Ray's Pizza Restaurants; (8) selection and training of Papa Ray's Pizza Restaurant managers and other personnel; (9) methods of training managers and other employees; and (10) contents of the Operations Manual or other written material provided to you in whatever media. All such information will be referred to in this Agreement as "Confidential Information." We will disclose much of the Confidential Information to you, and will do so in furnishing you prototype plans for build-out of a Papa Ray's Pizza Restaurant, in advising about site selection, in providing training programs, in the list of approved suppliers, in the Operations Manual and in providing guidance and assistance to you under this Agreement.
In addition, in the course of the operation of the Papa Ray's Pizza Restaurant, and for six (6) months after the termination or expiration of this Agreement, you or your employees may develop ideas, inventions, formulas, concepts, methods, techniques or improvements relating to the Papa Ray's Pizza Restaurant, which you agree to disclose to us and which we may then authorize you to use in the operation of the Papa Ray's Pizza Restaurant. You agree that any corresponding intellectual property rights (including without limitation any rights in utility or design patents, know-how, trade secrets, trademarks, services marks and copyrights) in such ideas, inventions, formulas, concepts, methods, techniques or improvements will be our property and the title and rights to which shall be legally assigned to us immediately in writing by you, your Owners, your managers and/or employees.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, knowledge of test programs, concepts, or results relating to new services and products is considered confidential information. Specifically, Aw considers its confidential and proprietary information and trade secrets to include methods, techniques, formats, specifications, procedures, information, systems, and knowledge developed by Aw and its franchisees.
This means that as a franchisee, you are obligated to protect this information and cannot disclose it to unauthorized parties. Aw will disclose much of this confidential information to you during the build-out of your Papa Ray's Pizza Restaurant, advising about site selection, providing training programs, in the list of approved suppliers, in the Operations Manual and in providing guidance and assistance to you under this Agreement.
The FDD also states that Aw may conduct market research and testing to determine consumer trends and the salability of new products and services. As a franchisee, you agree to cooperate by participating in Aw's market research programs and provide them with timely reports and other relevant information regarding that market research. This collaboration ensures that Aw can continue to innovate and improve its offerings, while also requiring franchisees to maintain the confidentiality of any sensitive information learned during these activities.