Is information generally available to the public considered Confidential Information by Bambu?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee further acknowledges that Bambu has expended a great amount of effort and money in obtaining and developing the Confidential Information, that it would be very costly for competitors to acquire or duplicate the Confidential Information and that any unauthorized disclosure of such Confidential Information shall cause irreparable harm to Bambu.
Consequently, Franchisee shall not at any time, publish, disclose, divulge or in any manner communicate to any person, firm, corporation, association, partnership or any other entity whatsoever or use, directly or indirectly, for its own benefit or for the benefit of any person, firm, corporation or other entity other than for the use of Bambu or Franchisee's shoppe, any of the Confidential Information of Bambu or its affiliates.
Bambu and Franchisee agree that the Confidential Information does not include information that is generally available to the public.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, information generally available to the public is not considered confidential information. The FDD specifies that Bambu has expended considerable effort and money to develop its confidential information, which would be costly for competitors to acquire or duplicate. Unauthorized disclosure of this information would cause irreparable harm to Bambu.
Bambu emphasizes the franchisee's responsibility to protect this confidential information, prohibiting them from publishing, disclosing, or using it for their own or others' benefit, except for the operation of their Bambu shop. However, the agreement explicitly states that information generally available to the public is excluded from this confidentiality requirement.
This distinction is important for prospective franchisees because it clarifies the scope of their confidentiality obligations. Franchisees are not restricted from sharing or using information that is already publicly known. This allows franchisees to operate within a reasonable framework, focusing their efforts on protecting Bambu's proprietary information without being burdened by restrictions on general knowledge.