What is a Bang Cookies franchisee required to do upon receiving notice of a breach of the Confidentiality Agreement?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
convicted of a felony crime, and/or pleads guilty or nolo contendere to a felony crime;
- (n) Franchisee and/or an Owner of Franchisee engages in intentionally dishonest and/or unethical conduct that, in Franchisor's Reasonable Business Judgment, results in embarrassment to Franchisor, the System, the Licensed Marks, Bang Cookies Shops, Franchisee's Shop, and/or the reputation of the Bang Cookies brand;
- (o) Franchisee fails to complete, to Franchisor's reasonable satisfaction, the Training Program and/or supplemental training programs designated by Franchisor;
- (p) Franchisee fails, upon receiving actual or constructive notice, shall: (1) immediately notify Franchisor of any known breach of the Confidentiality Agreement by any person or entity;
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies' 2024 Franchise Disclosure Document, if a franchisee receives notice of a breach of the Confidentiality Agreement, they must take specific actions.
First, the franchisee must immediately inform Bang Cookies of any known breach of the Confidentiality Agreement by any person or entity. Second, they must immediately notify Bang Cookies of any facts and information that would lead a reasonable person to believe that someone has violated or is in the process of violating the Confidentiality Agreement.
Finally, the franchisee is required to take reasonable steps to prevent further violations. These steps include notifying Bang Cookies and consulting with their own legal counsel to prevent any person or entity from violating the terms of the Confidentiality Agreement or publicly disseminating confidential information. This ensures that the franchisee actively participates in protecting Bang Cookies' confidential information and takes proactive measures to mitigate potential damages from a breach.