In the Bambu FDD, what capacities are collectively referred to as 'Affiliation'?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to the 2025 Bambu FDD, the term 'Affiliation' collectively refers to the capacities in which an associate might be involved with a franchisee. Specifically, this includes roles such as an officer, partner, director, manager, agent, employee, or independent contractor. It also encompasses individuals related to someone holding any of these positions with the franchisee.
This definition is important because it broadens the scope of individuals who are subject to certain obligations and restrictions, particularly regarding confidential information and non-competition. Bambu aims to protect its business model, trade secrets, and competitive advantage by ensuring that anyone associated with a franchisee in these capacities is bound by agreements preventing unauthorized disclosure or competitive activities.
For a prospective Bambu franchisee, this means that not only are they responsible for upholding the terms of the franchise agreement, but they must also ensure that anyone affiliated with their franchise operation in these defined roles understands and complies with the confidentiality and non-competition requirements. This could involve having associates sign separate agreements to that effect. The franchisee needs to be aware that a breach by an 'Affiliated' party could have legal and financial repercussions for the franchisee.