Are negotiations of any kind conducted by Bambu considered Confidential Information?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
iciency of which are acknowledged, Associate, Franchisee and Bambu, intending legally to be bound, agree as follows:
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- 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; the distinctive business format, plans, methods, drink and food item preparation information, recipes, menu, food preparation techniques, processes, and product formulas of a Bambū shoppe; designs; layouts;
operating procedures; all financial information of Bambu or Franchisee other than financial information filed with any government regulatory agency; marketing methods; sales and promotional methods; all nonpublic statistical information; the strategic plan, budgets and projections for Bambu; all information concerning negotiations of any kind conducted by Bambu whether pending or completed; all marketing research data and marketing plans; all information contained in the Bambū resource center materials, and any other manual or other nonpublic written information; internal lists of franchisees and customers of Bambū shoppes;
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, information concerning negotiations of any kind conducted by Bambu, whether pending or completed, is considered Confidential Information. This extends to all proprietary information concerning Bambu shoppes, the Bambu system, business format, plans, methods, drink and food item preparation information, recipes, menus, food preparation techniques, processes, and product formulas. It also includes designs, layouts, operating procedures, financial information (excluding what's filed with government agencies), marketing methods, sales and promotional methods, nonpublic statistical information, strategic plans, budgets, and projections.
This means that a Bambu franchisee is obligated to maintain the confidentiality of any information related to Bambu's negotiations. This obligation extends to the franchisee's officers, partners, directors, managers, agents, employees and even family members who have access to this information. These individuals may be required to sign a Nondisclosure and Noncompetition Agreement to reinforce this confidentiality.
The scope of confidential information is broad, covering various aspects of Bambu's operations and strategic planning. Franchisees must be careful not to disclose any of this information to third parties, as unauthorized disclosure could cause irreparable harm to Bambu. This is a standard practice in franchising, as franchisors need to protect their trade secrets and proprietary information to maintain a competitive advantage.