factual

Is there a Nondisclosure and Noncompetition Agreement included as an exhibit in the Bambu Disclosure Document?

Bambu Franchise · 2025 FDD

Answer from 2025 FDD Document

f the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.

EXHIBIT C (TO DISCLOSURE DOCUMENT)

NONDISCLOSURE AND NONCOMPETITION AGREEMENT

This Nondisclosure and Noncompetition Agreement (this "Agreement") is made and entered into effective on the day and date set forth below, by and among BAMBU FRANCHISING LLC, a Colorado limited liability company ("Bambu"), having an address of 6000 E. Evans Ave., Bldg 2, Suite 210, Denver, Colorado 80222, the franchisee named on the signature page of this Agreement (the "Franchisee"), and the associate of Franchisee named on the signature page of this Agreement (the "Associate").

RECITALS

  • A. Bambu has developed methods for establishing, operating and promoting fast casual businesses offering featuring freshly made Vietnamese dessert drinks (Chè), Vietnamese style coffee drinks (Cà phê), Vietnamese style blended yogurts (Yonami), Asian-inspired teas (including Taiwanese Bubble Tea), and real fruit smoothies (Sinh Tố), with freshly made tapioca boba, houseprepared proprietary ingredients, and a wide-variety of drink toppings, along with mochi waffles and other complementary snack, food, and dessert items ("Bambū shoppes" or "shoppes"). Bambu franchises the operation of shoppes under its trade name and service mark "Bambū® " and other related service marks, logos, commercial symbols, trade names and trademarks (collectively, "Marks").
  • B. Bambu and its affiliates have developed proprietary methods for establishing, operating and promoting Bambū shoppes utilizing certain confidential information as more fully described herein ("Bambū system"), and have established substantial goodwill and an excellent reputation with respect to the quality of the services available in a Bambū shoppe, which goodwill and reputation have been and will continue to be of major benefit to Bambu.
  • C. Franchisee is a franchisee under an effective franchise agreement ("Franchise Agreement") with Bambu.
  • D. Associate is or will become involved with Franchisee in the capacity of an officer, partner, director, manager, agent, employee, independent contractor (such capacities collectively referred to as "Affiliation") or is related to a person who has an Affiliation with Franchisee, and will become privileged as to certain confidential information related to Bambu, its operations and the Bambū shoppe.
  • E. Associate, Franchisee and Bambu have reached an understanding and agreement with regard to nondisclosure by Associate of confidential information and with respect to noncompetition by Associate with Bambu and Franchisee.
  • NOW THEREFORE, in consideration of the foregoing, the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Associate, Franchisee and Bambu, intending legally to be bound, agree as follows:
    1. 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; and all other information which may be considered a trade secret or proprietary and such Confidential Information as may be further developed from time to time by Bambu.

    1. Use and Disclosure of Confidential Information. Associate acknowledges that, in connection with Associate's Affiliation with Bambu or Franchisee, Bambu or Franchisee will disclose in strict confidence certain Confidential Information necessary for the operation of a Bambū shoppe.

Source: Item 22 — (FDD page 52)

What This Means (2025 FDD)

According to Bambu's 2025 Franchise Disclosure Document, a Nondisclosure and Noncompetition Agreement is included as Exhibit C. This agreement is made between Bambu Franchising LLC, the franchisee, and any associate of the franchisee.

The agreement states that Bambu has developed methods for operating Bambū shoppes, featuring Vietnamese dessert drinks, coffee drinks, blended yogurts, Asian-inspired teas, and fruit smoothies. Bambu has expended effort and money in obtaining and developing confidential information, and any unauthorized disclosure of such confidential information shall cause irreparable harm to Bambu.

Bambu also reserves the right to require the franchisee to cause each of its officers, directors, partners, shareholders, members, managers, and employees who have access to the confidential information, and their immediate family members, to execute and submit to Bambu a Nondisclosure and Noncompetition Agreement. The franchisee must provide Bambu with a copy of each Nondisclosure and Noncompetition Agreement signed by any such individual immediately following its execution and thereafter upon Bambu's request. Franchisees also agree not to take any action or make any statements to any third parties that would constitute a criticism, denigration or disparagement of Bambu or its Bambū system.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.