Does Aw require me to adopt and implement all reasonable procedures they may prescribe from time to time to prevent unauthorized disclosure of Confidential Information?
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, franchisees are required to adopt and implement all reasonable procedures that Aw may prescribe to prevent unauthorized use or disclosure of confidential information. This includes restrictions on disclosing confidential information to employees and the use of non-disclosure and/or non-competition agreements that Aw may prescribe for employees.
Aw specifies that the relationship between the franchisee and Aw does not grant the franchisee any interest in the confidential information, other than the right to use it for operating Papa Ray's Pizza Restaurants under the Franchise Agreement. Using or duplicating the confidential information in any other business is considered an unfair method of competition, a breach of the agreement, and copyright infringement.
Franchisees must acknowledge that the confidential information belongs to Aw, is proprietary, and may contain trade secrets. This information is disclosed to the franchisee solely on the condition that they agree not to use it in any other business or capacity during and after the term of the agreement, maintain its absolute confidentiality, and avoid making unauthorized copies of any written confidential information.