What is the 'Project' referring to in the context of the confidentiality agreement for Bananas Smoothies Frozen Yogurt?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
| THIS AGREEMENT, made as of the day of, 20, by and between |
|---|
| (hereinafter referred to as "Developer") with offices at |
| and (hereinafter referred to as "Officer/Employee"); |
| WHEREAS, Everything Yogurt Brands, LLC ("EYB") is the possessor of drawings, plans, |
| specifications, experiences, technical knowledge recipes and know-how in the field of the construction and |
| operation of restaurants offering food products primarily featuring or selling in whole or in part, the same |
| or similar type of food, beverages, smoothies as franchised EYB Concepts, including but not limited to |
| Green Leaf's Beyond Great Salads (Pick N Mix and all types of Salads, Wrappers, Paninis) and Bananas, |
| Smoothies & Frozen Yogurt (Smoothies, Frosties, Yogurt), and The Market By Villa, and in particular, |
| with respect to the preparation of various food products that it considers to be confidential or proprietary |
| information of value (hereinafter referred to as "Confidential Information"); |
| WHEREAS, EYB |
| has granted a license to use the Confidential Information in connection with the |
| contemplated ownership and/or operation of EYB Concepts |
| locations to be located within the Development |
| Area of (hereinafter referred to as the |
| "Project") that shall necessitate the release of Confidential Information, which information may be in oral, |
| written or pictorial form; and |
| WHEREAS, we are willing to make certain confidential information available to you, the extent |
| thereof to be determined solely by EYB, and for the purpose of the Project only, subject to the terms and |
| conditions of this Agreement; |
| NOW, THEREFORE, in consideration of the premises and mutual promises, the parties hereto |
| agree as follows: |
| 1. |
| That Officer/Employee shall hold confidential all information transmitted to it by Developer, |
- relating to the Project, whether in oral, written or pictorial form;
-
- That all written and pictorial embodiments of all of the Confidential Information received by Officer/Employee, including copies thereof, are and shall remain the property of EYB and shall be surrendered to Developer upon the termination of Officer/Employee's employment or earlier, as directed by EYB;
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- That Officer/Employee shall not reproduce, copy or photograph in any manner or form, any documents, drawings or memoranda embodying the Confidential Information without the express consent of Developer, and then only for the purpose of carrying on the purposes of the Project;
-
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, the 'Project' in the confidentiality agreement refers to the work an officer or employee performs while utilizing Everything Yogurt Brands' (EYB) services. This encompasses the tasks and responsibilities assigned to the officer/employee related to the Bananas Smoothies Frozen Yogurt business.
In practical terms, this means that any information, documents, or data the officer/employee receives or creates while working on Bananas Smoothies Frozen Yogurt matters is considered confidential. The officer/employee can only use this information for the benefit of the Developer and/or EYB in connection with the Project, unless they obtain written consent from a Developer officer for any other use.
This agreement ensures that confidential information remains protected and is used solely for the intended business purposes of Bananas Smoothies Frozen Yogurt. It restricts the officer/employee from using this information for personal gain, or sharing it with competitors, or using it for any purpose outside the scope of their work on the Project without explicit permission. This obligation extends beyond the termination of their employment, safeguarding Bananas Smoothies Frozen Yogurt's sensitive information even after the officer/employee leaves their position.