What is the definition of 'FRC Materials' in the context of unauthorized disclosure related to the Bambu franchise?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
marketing campaign for the opening of the Bambū shoppe including access to previously approved marketing materials.
8. RESOURCE CENTER MATERIALS
8.1 FRC Materials. Bambu shall make available to Franchisee Bambu's confidential Owner Operations Manual ("Owner Operations Manual" or "OOM"). The Owner Operations Manual and our policy releases shall be made available via our Franchise Resource Center ("FRC") that Franchisee will have password access to at www.bambufrc.com. The FRC contains Bambu's FRC Blog, FRC Forum, notices, marketing materials, artwork, health compliance plan and information, and ordering platform, as well as other manuals, technical and news bulletins and other written or electronic materials (collectively
referred to as "FRC Materials"), covering certain standards, specifications and operating and marketing procedures that Bambu requires Franchisee to utilize in developing and operating its Bambū shoppe. The FTC Materials may be modified in Bambu's sole discretion. The FRC Materials are designed to protect Bambu's reputation and the goodwill of the Marks, they are not designed to control the day-to-day operations of Franchisee's Bambū shoppe. Franchisee shall comply with the mandatory portions of the FRC Materials as an essential aspect of its obligations under this Agreement and failure by Franchisee to substantially comply with the mandatory portions of the FRC Materials may be considered by Bambu to be a breach of this Agreement.
- 8.2 Confidentiality of FRC Materials. Franchisee shall use the Marks and Bambū system only as specified in the FRC Materials. The FRC Materials are the sole property of Bambu and shall be used by Franchisee only during the term of this Agreement and in strict accordance with the terms and conditions hereof. Franchisee shall not duplicate the FRC Materials nor disclose its contents to persons other than Franchisee's employees or officers who have signed and submitted to Bambu a confidentiality and noncompetition agreement in a form approved by Bambu. Franchisee shall return any written portions of the FRC Materials to Bambu and permanently delete any and all electronic copies of the same upon the expiration, termination or assignment of this Agreement.
- 8.3 Changes to FRC Materials. Bambu reserves the right to revise or delete any of the FRC Materials from time to time as it deems necessary to update or change operating and marketing techniques or standards and specifications. Franchisee, upon receipt of any updated information, shall update its copy of the FRC Materials as instructed by Bambu and shall conform its operations with the updated provisions within 10 days of receipt of each update. Franchisee acknowledges that a master copy of the FRC Materials maintained by Bambu at its principal office or on its website shall be controlling in the event of a dispute relative to the content of the FRC Materials.
- 8.4 Small Message Service. Franchisee acknowledges that one of Bambu's primary methods of communication with Bambu franchisees is by small message service via email, text messages, or other electronic methods ("SMS"). Any standards and specifications, or changes to standards and specifications, that are communicated by SMS are deemed part of the FRC Materials, and Franchisee is required to comply with them.
9. OPERATING ASSISTANCE
- 9.1 Bambu's Services. Bambu shall, during Franchisee's operation of the Bambū shoppe, make available to Franchisee the following services:
- a.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, FRC Materials are defined as the Owner Operations Manual (OOM) and policy releases accessible through the Franchise Resource Center (FRC) at www.bambufrc.com. These materials include the FRC Blog, FRC Forum, notices, marketing materials, artwork, health compliance information, the ordering platform, other manuals, technical and news bulletins, and other written or electronic materials. These collectively cover the standards, specifications, and operating and marketing procedures that Bambu requires franchisees to use.
The FRC Materials are designed to protect Bambu's reputation and the goodwill of its Marks, but not to control the day-to-day operations of the franchisee's shoppe. Compliance with the mandatory portions of the FRC Materials is an essential obligation for the franchisee, and failure to comply may be considered a breach of the Franchise Agreement.
Bambu also communicates standards and specifications, or changes to them, via email, text messages, or other electronic methods (SMS), which are also deemed part of the FRC Materials. Franchisees are required to comply with these SMS communications as well. Franchisees must use the Marks and Bambu system only as specified in the FRC Materials, which remain Bambu's sole property. Franchisees must not duplicate the FRC Materials or disclose their contents to unauthorized persons. Upon termination of the Franchise Agreement, franchisees must return any written portions of the FRC Materials and delete all electronic copies.
Unauthorized disclosure of the FRC Materials, or any other trade secrets or confidential information of Bambu, is grounds for default if the franchisee intentionally or negligently discloses them to any unauthorized person. Bambu reserves the right to revise or delete any of the FRC Materials as necessary to update operating and marketing techniques or standards and specifications. Franchisees must update their copy of the FRC Materials as instructed by Bambu and conform their operations with the updated provisions within 10 days of receipt. The master copy of the FRC Materials maintained by Bambu at its principal office or on its website is controlling in the event of a dispute.