Does Bang Cookies' brand standards include employee knowledge of System brand standards?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
: (a) is pre-populated or entered into the Business Management System utilized by Franchisee; (b) is entered (whether by us or Franchisee) into the Business Management System utilized by Franchisee; and/or (c) is recorded, stored and/or maintained by the Business Management System in connection with the management and operations of the Franchised Business.
"Competitive Business" refers to and means any shop that is the same as or similar to a Bang Cookies Shop including any business, bakery, or shop, including, traditional outlets, mobile kiosks, food trucks and/or non-traditional outlets, that offers, sells and/or provides cookies, brownies, and/or cakes.
"Confidential Information" refers to and means all of our and/or our affiliates trade secrets, methods, standards, techniques, procedures, data and information, as same may exist as of the Effective Date and as same may be developed, modified and supplemented in the future, constituting and comprising: (a) methods, specifications, standards, policies, procedures, information, concepts, programs and systems relating to the development, establishment, marketing, promotion and operation of Bang Cookies
Shops; (b) information concerning consumer preferences for services, products, materials and supplies used or sold by Bang Cookies Shops, and specifications for and knowledge of suppliers of inventory, equipment, products, supplies and procedures used or sold by Bang Cookies Shops; (c) information concerning customers, customer lists, email lists, database lists, product sales, operating results, financial performance and other financial data of Bang Cookies Shops; (d) Business Management System Data; (e) current and future information contained in the operations manual; and (f) Know-How.
"Copyrights" refers to and means all works and materials for which we or any affiliate of ours has secured common law or registered copyright protection and we utilize and/or allow Bang Cookies Shop franchisees to use, sell or display in connection with the development, marketing and/or operation of a Bang Cookies Shop, whether as of the Effective Date or any time in the future.
"Corporate Entity" refers to and means a corporation, limited liability company, partnership or other corporate legal entity that is not an individual person.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to the 2024 Bang Cookies FDD, the brand emphasizes the importance of protecting confidential information and maintaining system standards, but it does not explicitly state that employees must have knowledge of the System brand standards. However, the FDD does define key terms related to the brand's operational standards and confidential information, which implies that employees should be aware of these standards to some extent.
The FDD defines terms such as "Confidential Information," which includes methods, standards, policies, procedures, and systems relating to the operation of Bang Cookies Shops. It also defines "Know-How" as trade secrets and proprietary information relating to the operation of a Bang Cookies Shop, including methods, techniques, and standards that are part of the System. Additionally, the term "System" is defined as the Licensed Marks, Copyrights, Know-How, and Intellectual Property of Bang Cookies. These definitions suggest that employees, especially managers, should be trained and informed about these aspects of the Bang Cookies business to ensure consistent operations and protection of the brand's assets.
Furthermore, the FDD states that a franchisee can be in default if they fail to complete the Training Program to the Franchisor's satisfaction. It also states that a franchisee must notify the franchisor of any known breach of the Confidentiality Agreement by any person or entity and take reasonable steps to prevent any person or entity from violating the terms of the Confidentiality Agreement. These stipulations imply that franchisees and their employees must be knowledgeable about the System and brand standards to adhere to these requirements.
While the FDD does not directly state that employees must have specific knowledge of System brand standards, the emphasis on protecting confidential information, the definitions of key operational terms, and the requirements related to training and breach notification suggest that a certain level of understanding and adherence to these standards is expected from all individuals involved in the operation of a Bang Cookies franchise. A prospective franchisee should confirm the specific training and knowledge requirements for employees with Bang Cookies.