factual

Does the Bambu Disclosure Document contain a Nondisclosure and Noncompetition Agreement as an exhibit?

Bambu Franchise · 2025 FDD

Answer from 2025 FDD Document

f the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.

EXHIBIT C (TO DISCLOSURE DOCUMENT)

NONDISCLOSURE AND NONCOMPETITION AGREEMENT

This Nondisclosure and Noncompetition Agreement (this "Agreement") is made and entered into effective on the day and date set forth below, by and among BAMBU FRANCHISING LLC, a Colorado limited liability company ("Bambu"), having an address of 6000 E. Evans Ave., Bldg 2, Suite 210, Denver, Colorado 80222, the franchisee named on the signature page of this Agreement (the "Franchisee"), and the associate of Franchisee named on the signature page of this Agreement (the "Associate").

RECITALS

  • A. Bambu has developed methods for establishing, operating and promoting fast casual businesses offering featuring freshly made Vietnamese dessert drinks (Chè), Vietnamese style coffee drinks (Cà phê), Vietnamese style blended yogurts (Yonami), Asian-inspired teas (including Taiwanese Bubble Tea), and real fruit smoothies (Sinh Tố), with freshly made tapioca boba, houseprepared proprietary ingredients, and a wide-variety of drink toppings, along with mochi waffles and other complementary snack, food, and dessert items ("Bambū shoppes" or "shoppes"). Bambu franchises the operation of shoppes under its trade name and service mark "Bambū® " and other related service marks, logos, commercial symbols, trade names and trademarks (collectively, "Marks").
  • B. Bambu and its affiliates have developed proprietary methods for establishing, operating and promoting Bambū shoppes utilizing certain confidential information as more fully described herein ("Bambū system"), and have established substantial goodwill and an excellent reputation with respect to the quality of the services available in a Bambū shoppe, which goodwill and reputation have been and will continue to be of major benefit to Bambu.
  • C. Franchisee is a franchisee under an effective franchise agreement ("Franchise Agreement") with Bambu.
  • D. Associate is or will become involved with Franchisee in the capacity of an officer, partner, director, manager, agent, employee, independent contractor (such capacities collectively referred to as "Affiliation") or is related to a person who has an Affiliation with Franchisee, and will become privileged as to certain confidential information related to Bambu, its operations and the Bambū shoppe.
  • E. Associate, Franchisee and Bambu have reached an understanding and agreement with regard to nondisclosure by Associate of confidential information and with respect to noncompetition by Associate with Bambu and Franchisee.
  • NOW THEREFORE, in consideration of the foregoing, the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Associate, Franchisee and Bambu, intending legally to be bound, agree as follows:
    1. Confidential Information. Associate recognizes and agrees that certain proprietary information relating to Bambu and its operations and the operations of Bambū shoppes ("Confidential Information") is owned by Bambu and is treated as confidential by Bambu and Franchisee, including without limitation, all proprietary information concerning Bambū shoppes; the Bambū system;

Source: Item 22 — (FDD page 52)

What This Means (2025 FDD)

Yes, according to the 2025 Bambu Franchise Disclosure Document, a Nondisclosure and Noncompetition Agreement is included as Exhibit C. This agreement is made between Bambu Franchising LLC, the franchisee, and any associate of the franchisee.

The purpose of this agreement is to protect Bambu's confidential information and prevent unfair competition. It acknowledges that Bambu has developed proprietary methods for operating its shoppes and has built substantial goodwill. The franchisee, as part of the franchise agreement, is bound by the terms of this Nondisclosure and Noncompetition Agreement.

Bambu also reserves the right to require the franchisee to have their officers, directors, partners, shareholders, members, managers, employees, and their immediate family members who have access to confidential information to sign a similar Nondisclosure and Noncompetition Agreement. The franchisee must provide Bambu with a copy of each signed agreement. Additionally, there are Riders to the Nondisclosure and Noncompetition Agreement for Specific States or Countries, which, if marked as 'Applicable,' will be incorporated into the agreement and supersede any conflicting terms.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.