What is the Associate's obligation regarding the disclosure of Confidential Information related to Bambu?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Use and Disclosure of Confidential Information. Associate acknowledges that, in connection with Associate's Affiliation with Bambu or Franchisee, Bambu or Franchisee will disclose in strict confidence certain Confidential Information necessary for the operation of a Bambū shoppe. Associate specifically acknowledges that the Confidential Information is valuable, unique and comprises a substantial portion of the assets of Bambu; and Associate agrees that he or she will not utilize all or any portion of the same for Associate's personal benefit during the term of Associate's Affiliation with Franchisee, nor in any manner use the same subsequent to the termination of Associate's Affiliation with Bambu or Franchisee or the termination or expiration of the Franchise Agreement, nor disclose any of the same to any person, firm, corporation or other entity whatsoever at any time for any reason or purpose, without the prior written consent of Bambu. Associate shall not copy, publish or otherwise duplicate the Confidential Information or permit others to do so and shall return all Confidential Information to Franchisee upon termination of Associate's Affiliation with Franchisee. Associate may disclose to other employees, agents, or representatives of Bambu or Franchisee the Confidential Information only to the extent necessary for such employees, agents or representatives to carry out their intended function.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, an Associate's obligations regarding confidential information are extensive and critical to protecting Bambu's proprietary assets. The Associate acknowledges that they will receive confidential information necessary for operating a Bambu shoppe and recognizes that this information is valuable and unique to Bambu. This acknowledgment underscores the importance Bambu places on safeguarding its trade secrets and operational methods.
The Associate is explicitly prohibited from using any of the confidential information for personal benefit during their affiliation with the franchisee. Furthermore, even after the termination of their affiliation or the expiration of the Franchise Agreement, the Associate cannot use or disclose this information to any person, firm, corporation, or entity without Bambu's prior written consent. This restriction extends indefinitely, highlighting the perpetual nature of the confidentiality obligation. The Associate is also barred from copying, publishing, or duplicating the confidential information and must return all such information to the franchisee upon termination of their affiliation.
However, the Associate may disclose confidential information to other employees, agents, or representatives of Bambu or the franchisee, but only to the extent necessary for them to perform their intended functions. This exception allows for the efficient operation of the Bambu shoppe while maintaining a strict control over the dissemination of sensitive information. Overall, these obligations ensure that Bambu's confidential information remains protected, preventing unauthorized use or disclosure that could harm the franchise system.