Does Aw consider the use or duplication of the Confidential Information in any other business an unfair method of competition?
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, the brand considers the use or duplication of its Confidential Information in any other business an unfair method of competition. The FDD specifies that the franchisee's relationship with Aw does not grant any rights to the Confidential Information beyond its use for operating an Aw franchise.
The Confidential Information includes methods, techniques, formats, specifications, procedures, information, systems, knowledge, and experience in developing, operating, and franchising Papa Ray's Pizza Restaurants. It also covers supply sources, ordering and inventory control, recipes, sales and profit performance data, test program results, marketing programs, restaurant construction and layout, personnel training methods, and the contents of the Operations Manual.
The franchisee agrees not to use the Confidential Information in any other business or capacity during and after the franchise term and to maintain its confidentiality. They also agree not to make unauthorized copies and to implement procedures to prevent unauthorized use or disclosure, including non-disclosure and non-competition agreements for employees. Aw's right to require these agreements ensures the adequate protection of its Confidential Information.