Regarding information provided to Aw, what characteristics must that information possess?
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. All of such information developed by you or your employees will be included in the term "Confidential Information," as defined above.
9.2 Non-disclosure Agreement.
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, franchisees receive confidential information that is unique and proprietary. This information includes methods, techniques, formats, specifications, procedures, systems, and knowledge related to the development, operation, and franchising of Papa Ray's Pizza Restaurants. It also encompasses details about supply sources, ordering and inventory control, recipes, sales and profit performance, test program results, product sources, advertising and marketing programs, restaurant construction and layout, personnel selection and training, and the contents of the Operations Manual.
Aw discloses this confidential information through various means, such as prototype plans for restaurant build-out, site selection advice, training programs, approved supplier lists, the Operations Manual, and ongoing guidance. This information is collectively referred to as "Confidential Information" within the franchise agreement.
Franchisees must protect this confidential information and ensure that employees, managers, or owners who have access to it sign non-disclosure and/or non-competition agreements. Aw retains the right to prescribe the form of these agreements and receive copies to ensure adequate protection of the confidential information. The restrictions on disclosure do not apply to information generally known in the food and restaurant industry or when disclosure is legally required, provided Aw has the opportunity to obtain a protective order.