What is the applicant obligated to do with the confidential information regarding B Bops?
B_Bops Franchise · 2025 FDDAnswer from 2025 FDD Document
TRADE AREA.
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- Applicant acknowledges that any information provided by Company with respect to a B-Bop's Restaurant is highly confidential and contains trade secrets of Company. Applicant further acknowledges that such confidential information shall at all times remain the exclusive property of Company. Applicant agrees that Applicant will keep confidential and will not, directly or indirectly, divulge, disclose or in any other manner communicate the contents of such confidential information to any person or entity, nor reproduce or make copies of any of such confidential information, except with the prior written consent of Company. Applicant shall immediately return all confidential information (without retaining copies thereof) to Company upon: (i) termination of this Agreement for any reason whatsoever by either party hereto; or (ii) Company's determination not to grant the Rights to Applicant. If this Agreement is terminated or if Company declines to grant the Rights to Applicant, Applicant agrees to refrain from any further use of Company's confidential information for any purpose whatsoever. Upon receipt by Company of all confidential information, Company shall return to Applicant the Deposit, or a portion thereof, in accordance with the provisions of Section 7 hereof.
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- Prior to informing Applicant of Company's decision of whether the Rights will be granted, Company agrees that it shall not negotiate with any third party regarding the potential purchase of a B-Bop's Restaurant in the Trade Area. For purposes of this Section 6, the term "negotiate" shall mean the execution of an Application Agreement with any third party, the acceptance of a deposit from any third party or the providing of any assistance or information identified in this Agreement to any third party.
Source: Item 23 — RECEIPTS (FDD pages 53–145)
What This Means (2025 FDD)
According to B Bops's 2025 Franchise Disclosure Document, an applicant acknowledges that any information provided by B Bops regarding its restaurants is highly confidential and contains trade secrets, remaining the exclusive property of B Bops. The applicant must keep this information confidential and not directly or indirectly disclose it to anyone, nor reproduce or copy it, without B Bops's prior written consent.
Upon termination of the Application Agreement or if B Bops decides not to grant the rights to the applicant, the applicant must immediately return all confidential information to B Bops without retaining any copies. Furthermore, the applicant must refrain from any further use of B Bops's confidential information for any purpose.
B Bops will return the deposit, or a portion of it, once all confidential information is received. The obligation to return confidential information and maintain its confidentiality survives the termination of the Application Agreement. Failure to return the confidential information will result in forfeiture of the entire deposit.