Is Bang Cookies Franchise LLC a party to the Confidentiality Agreement?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
WHEREAS, our franchisor, Bang Cookies Franchise LLC is not a party to this agreement and does not own or manage the Bang Cookies Business but is an intended third party beneficiary of this Agreement; and
WHEREAS, this Agreement is not an employment agreement and is only a confidentiality agreement in connection with information, materials and access that may be provided to you in connection with the Bang Cookies Business.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies' 2024 Franchise Disclosure Document, Bang Cookies Franchise LLC is not a party to the sample Confidentiality Agreement provided in the FDD. The agreement is between the franchisee (referred to as "us", "our", or "we") and the employee, independent contractor, officer, and/or director of the Bang Cookies Business (referred to as "you").
However, the FDD states that Bang Cookies Franchise LLC is an intended third-party beneficiary of the agreement. This means that while Bang Cookies is not directly a signing party, it is meant to benefit from the agreement's enforcement, particularly in protecting confidential information related to the Bang Cookies system.
This agreement is intended to protect the confidential information of the Bang Cookies business, including non-public methods, specifications, customer information, and data contained in the operations manual. The agreement specifies that it is not an employment agreement but solely a confidentiality agreement related to the information provided in connection with the Bang Cookies Business. Franchisees are expected to ensure their employees or contractors who have access to confidential information sign such an agreement to protect Bang Cookies' interests.