Does Bambu have both published and unpublished menu options, as indicated by sections 11.1 and 11.2?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
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 the 2025 Bambu Franchise Disclosure Document, the franchise agreement addresses menu items but does not explicitly state whether Bambu has both published and unpublished menu options in sections 11.1 and 11.2. Section 15.3 mentions that the Bambu system includes "drink and food item preparation information, menu items, food preparation methods".
Section 9.1.d refers to updates of information regarding the franchised business, including information about improvements to existing menu items or new menu items, products, or merchandise which may be developed and made available to Bambu franchisees as a part of the Bambu system. This suggests that the menu can evolve and change over time.
Section 10.2.a states that franchisees must stock the shoppe with products, menu items, and ingredients in compliance with Bambu's standards and specifications as described in the OOM (Operating Orientation Manual) and other FRC (Franchise Resource Center) Materials. This indicates that franchisees are required to adhere to the menu standards set by Bambu. Since the FDD does not explicitly address the existence of published versus unpublished menu options, it is important for a prospective franchisee to ask Bambu directly about the process for menu changes, the existence of any "secret" or test menu items, and the franchisee's ability to suggest or implement menu variations.