Does Aw consider the use or duplication of the Confidential Information in any other business copyright infringement?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
9.2 Non-disclosure Agreement. You agree that your relationship with us does not vest in you any interest in the Confidential Information other than the right to use it in the development and operation of Papa Ray's Pizza Restaurants under this Agreement, and that the use or duplication of the Confidential Information in any other business would constitute an unfair method of competition, a breach of this Agreement and copyright infringement. You acknowledge and agree that the Confidential Information belongs to us, is proprietary information, and may contain trade secrets belonging to us and is disclosed to you or authorized for your use solely on the condition that you agree, and you therefore do agree herein, that you: (1) will not use the Confidential Information during and after the term of this Agreement in any other business or capacity; (2) will maintain the absolute confidentiality of the Confidential Information during and after the term of this Agreement; (3) will not make unauthorized copies of any portion of the Confidential Information disclosed in written form; and (4) will adopt and implement all reasonable procedures we may prescribe from time to time to prevent unauthorized use or disclosure of the Confidential Information, including restrictions on disclosure to your employees and the use of non-disclosure and/or non-competition agreements we may prescribe for employees,
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, Aw considers the use or duplication of its Confidential Information in any business other than an authorized Papa Ray's Pizza Restaurant to be copyright infringement. Specifically, the FDD states that franchisees only have the right to use Aw's Confidential Information to develop and operate Papa Ray's Pizza Restaurants under the Franchise Agreement.
This means that a franchisee is strictly prohibited from using Aw's proprietary information, such as recipes, marketing strategies, or operational methods, in any other business venture. This restriction applies both during the term of the Franchise Agreement and after its termination.
For a prospective Aw franchisee, this clause underscores the importance of maintaining the confidentiality of the information provided by Aw. Unauthorized use or duplication could lead to legal action, including claims of copyright infringement, in addition to being considered a breach of contract and an act of unfair competition.