What is the definition of 'Confidants' in the Bananas Smoothies Frozen Yogurt agreement?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
uding salads, wraps, paninis, frozen yogurt and smoothies, including, but not limited to, any of the specific items set forth in Exhibit "One H". Franchisee's
Existing Locations, set forth on the Summary Page and made a part hereof is (are) hereby excluded from this paragraph.
- Confidants shall hold in confidence the System, and all parts thereof, and shall not disclose the System, or any part thereof, to any person, entity, firm or corporation. It is understood and agreed that the System encompasses but is not limited to, a program of accounting, identification, schemes, specifications, standards, management systems, recipes, menus, techniques, financial information (such as product costs and sources of supply), and business operations and procedures that would, if used by other persons, firms or corporations, give such other persons, firms or corporations a substantial competitive advantage that is presently enjoyed by Franchisor, each of which Confidants acknowledge is a trade secret of, and proprietary to, Franchisor and/or its affiliate. Confidants accordingly agree that they shall not, at any time during the term of this Agreement or after termination, expiration or non-renewal of this Agreement, without Franchisor's prior written consent, disclose (except to such employees or agents as must have access to such information in order to construct or operate the restaurant) or use, or permit the use of, the System or any part thereof, except as may be required by applicable law or as authorized by this Agreement.
- Confidents shall, at all times, treat as confidential the Confidential Operations & Training Manual and other manuals or materials designated for use within the System, and such other information as Franchisor may designate, from time to time, for confidential use in conjunction with the System, as well as all other trade secrets, confidential information, knowledge and know-how concerning the construction or operation of the Restaurant that may be imparted to, or acquired by Confidants from time to time in connection with this Agreement, and shall use diligent efforts to keep such information confidential.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, "Confidants" are obligated to maintain the confidentiality of the Bananas Smoothies Frozen Yogurt System. They must not disclose the System to any unauthorized individuals or entities.
This obligation extends to all aspects of the System, including accounting methods, identification procedures, operational schemes, specifications, standards, management systems, recipes, menus, techniques, financial data (such as product costs and supply sources), and business operations. Bananas Smoothies Frozen Yogurt considers all of these elements to be trade secrets that provide a substantial competitive advantage.
Furthermore, Confidants are responsible for ensuring that anyone actively involved in managing the Restaurant signs a Confidentiality and Non-Competition Agreement. They must also make their best efforts to prevent these individuals from using the Bananas Smoothies Frozen Yogurt System or Franchisor Marks in any unauthorized restaurant. If a Confidant suspects a violation of the Confidentiality and Non-Competition Agreement, they must notify Bananas Smoothies Frozen Yogurt and cooperate in protecting the Franchisor's interests, including participating in lawsuits if necessary.