What is the definition of 'Confidants' in the context of the Bananas Smoothies Frozen Yogurt franchise agreement?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
- 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.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt Franchise Disclosure Document, "Confidants" refers to the individuals who are obligated to protect the System and its components. These individuals must maintain the confidentiality of the System and are prohibited from disclosing it to any unauthorized person or entity.
The System, as defined in the franchise agreement, includes a wide array of proprietary information critical to the operation of a Bananas Smoothies Frozen Yogurt franchise. This encompasses accounting methods, identification protocols, operational schemes, detailed specifications, established standards, management systems, specific recipes, menu designs, operational techniques, financial data (such as product costs and supply sources), and overall business operations and procedures.
Bananas Smoothies Frozen Yogurt considers all elements of the System to be trade secrets, giving the brand a competitive edge. Therefore, "Confidants" are essential in safeguarding this proprietary information, ensuring that unauthorized use by others does not erode the brand's market advantage. This obligation extends to actively preventing anyone involved in managing the restaurant from using the System in connection with any other restaurant, or from operating a restaurant that imitates the Bananas Smoothies Frozen Yogurt concept.