If a Bambu franchisee is required to have personnel sign a Nondisclosure and Noncompetition Agreement, where can the form be found?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
Issuance Date: March 31, 2025 I received a Disclosure Document dated March 31, 2025, that included the following Exhibits: Franchise Agreement (Exhibit A); Multi-Unit Development Agreement (Exhibit B); Nondisclosure and Noncompetition Agreement (Exhibit C); Closing Acknowledgment (Exhibit D); Successor Franchise Rider to Franchise Agreement (Exhibit E); Form of General Release (Exhibit F); Owner Operations Manual Table of Contents (Exhibit G); List of Franchisees (Exhibit H); List of Franchisees Who Have Left the System (Exhibit I); Financial Statements (Exhibit J); List of State Agencies/Agents for Service of Process (Exhibit K); and State Addenda to Disclosure Document (Exhibit L). Date: Signature of Prospective Franchisee (Do not leave blank) Print Name
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD page 42)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, the Nondisclosure and Noncompetition Agreement that Bambu may require a franchisee's personnel to sign is included as Exhibit C to the Disclosure Document. Specifically, Bambu reserves the right to require that a franchisee ensures their officers, directors, partners, shareholders, members, managers, and employees (including Bambū Certified Team Leaders) with access to confidential information, along with their immediate family members, execute and submit this agreement. The agreement must be in a form approved by Bambu and contain the restrictive covenants outlined in the Franchise Agreement.
This means that if Bambu exercises this right, franchisees must ensure that the specified individuals sign the Nondisclosure and Noncompetition Agreement. Franchisees are also obligated to use their best efforts to have any immediate family member execute the agreement if Bambu requires it subsequent to the franchisee signing the Franchise Agreement.
Furthermore, the franchisee is required to provide Bambu with a copy of each signed Nondisclosure and Noncompetition Agreement immediately after it is executed and upon Bambu's request thereafter. This ensures that Bambu maintains records of all individuals who have agreed to these terms, allowing them to enforce the agreement if necessary. The actual agreement is included as Exhibit C to the Disclosure Document.