Are my managers and employees required to sign a confidentiality agreement with Aw?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
managers, or owners who receive training from us and/or who have access to the Confidential Information. Upon our request, you must provide us with copies of signed non-disclosure and/or non-competition agreements signed by any employees, managers or owners. Our right to require that such agreements be signed by your employees, to prescribe the form of agreement you use, and to receive copies of signed agreements are solely to ensure that you adequately protect the Confidential Information. The restrictions on your disclosure and use of the Confidential Information will not apply to the following: (a) information, processes, or techniques which are generally known and used in the food and restaurant industry (as long as the availability is not because of a disclosure by you) and (b) disclosure of the Confidential Information in legal proceedings when you are legally required to disclose it and you have first given us the opportunity to obtain an appropriate legal protective order or other assurance satisfactory to us that the information required to be disclosed will be treated confidentially.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 32)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, while franchisees are not explicitly required to have all employees sign confidentiality agreements, Aw retains the right to mandate such agreements. Specifically, Aw can request that franchisees obtain signed non-disclosure and/or non-competition agreements from employees, managers, or owners who receive training or have access to confidential information. The FDD states that Aw can prescribe the form of the agreement.
This requirement ensures the protection of Aw's confidential information. This information includes, but is not limited to, methods, techniques, products, knowledge, recipes, sales data, marketing programs, restaurant layouts, and training methods. The franchisee must provide copies of these signed agreements to Aw upon request.
As a prospective franchisee, it is important to understand that Aw can enforce this requirement at any time. Therefore, it would be prudent to discuss with Aw what their current expectations are regarding confidentiality agreements for employees and managers. Additionally, franchisees should clarify what specific form or template Aw requires for these agreements to ensure compliance.