Who owns and controls the Bambu system for establishing, operating, and promoting a Bambu shoppe?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
- 15.3 Bambū system.
Franchisee acknowledges that Bambu owns and controls the distinctive plan for the establishment, operation and promotion of the Bambū shoppe and all related Bambū system of doing business, previously defined as the "Bambū system", which include, but are not limited to, Bambu's standards and specifications for the franchised site, premises, leasehold improvements, interior finish, equipment, supplies, materials, inventory type and control, technical equipment standards, order fulfillment methods, customer relations, marketing techniques, written promotional materials, advertising, accounting systems, drink and food item preparation information, menu items, food preparation methods and any applicable food handler requirements and safety standards, all of which constitute confidential trade secrets of Bambu.
Franchisee acknowledges that Bambu has valuable rights in and to such trade secrets.
Franchisee further acknowledges that it has not acquired any right, title or interest in the Bambū system except for the right to use the Bambū system in the operation of the Bambū shoppe as it is governed by this Agreement and that it is obligated to maintain the confidentiality of the Bambū system in accordance with Section 21.3 below.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, Bambu owns and controls the distinctive plan for establishing, operating, and promoting its shoppes. This includes the entire Bambu system of doing business. The Bambu system encompasses a wide array of elements, such as standards and specifications for the franchised site, premises, leasehold improvements, interior finish, equipment, supplies, materials, inventory type and control, technical equipment standards, order fulfillment methods, customer relations, marketing techniques, written promotional materials, advertising, accounting systems, drink and food item preparation information, menu items, food preparation methods and any applicable food handler requirements and safety standards. These elements are considered confidential trade secrets of Bambu.
As a franchisee, you acknowledge that Bambu possesses valuable rights to these trade secrets. Your rights are limited to using the Bambu system solely for operating your franchised shoppe, as outlined in the franchise agreement. You are also obligated to maintain the confidentiality of the Bambu system.
This means that while you have the right to operate a Bambu shoppe using their established system, you do not own any part of the system itself. Bambu retains full control over how the system evolves and is implemented. As a franchisee, you must adhere to Bambu's standards and protect the confidentiality of their operational methods.