What are the Bang Cookies post-separation procedures for employees?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
17.B. CEASE OPERATIONS AND PROTECTION OF THE SYSTEM
Upon expiration, termination, or Transfer of this Agreement for any reason, Franchisee shall immediately:
- (1) Permanently cease to be a franchise owner of the Shop that was the subject of this Agreement and cease to operate such Shop under the System;
- (2) Refrain from directly or indirectly, holding oneself/itself out to any person or entity, or represent themselves/itself as a present or former Bang Cookies franchisee;
- (3) Permanently cease to use, in any manner: (a) the System including, without limitation, the Confidential Information, the Licensed Marks, the Business Management System Data, and the operations manual; (b) any methods, procedures, or techniques associated with the System in which Franchisor possesses proprietary rights or constitute Franchisor's trade secrets; (c) System Supplies, including communicating with or ordering products from Franchisor's designated suppliers and vendors of System Supplies; (d) the Approved Services and Products; and (e) any other advertising, marketing, media, and any other information, documents or things associated with Franchisor, the System, the Licensed Marks, Bang Cookies Shops, the Franchised Business, and Franchisee's former Bang Cookies Shop, including, without limitation, any confidential, proprietary methods, procedures, descriptions of products, techniques, trade secrets, proprietary marks, distinctive forms, slogans, symbols, signs, stationary, advertising material, articles, logos, devices, items and all other things, tangible or intangible, associated with Franchisor, the System,
the Licensed Marks, and Bang Cookies Shops;
- (4) Return to Franchisor the operations manual (including any and all parts, supplements, and copies of the operations manual), the Confidential Information (including without limitation the Business Management System Data and all customer lists and information), and all other confidential materials, equipment, software, information, and property owned by Franchisor and all copies thereof provided, however, that Franchisee may retain Franchisee's copies of this Agreement, correspondence between Franchisor and Franchisee, but not including Confidential Information that may be contained in or attached thereto, and other documents that Franchisee needs to retain pursuant to applicable law;
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
The 2024 Bang Cookies Franchise Disclosure Document (FDD) outlines procedures that franchisees must follow upon the termination of their franchise agreement, which includes ceasing operations and protecting the Bang Cookies system. These stipulations do not directly address post-separation procedures for employees of a Bang Cookies franchise. However, the FDD includes a sample confidentiality agreement that Bang Cookies franchisees may use with their employees or contractors. This agreement ensures that employees protect the confidential information of the Bang Cookies business, even after their separation from the company.
Upon termination of the franchise agreement, the franchisee must immediately cease operating as a Bang Cookies franchise and discontinue using the Bang Cookies system. This includes refraining from representing themselves as a current or former franchisee. The franchisee is prohibited from using any aspect of the Bang Cookies system, such as confidential information, licensed marks, business management system data, and the operations manual. They must also stop using any methods, procedures, or techniques associated with the system, as well as system supplies and approved services and products.
Furthermore, the franchisee is required to return the operations manual, all confidential information (including business management system data and customer lists), and any other confidential materials, equipment, software, and property owned by Bang Cookies. The franchisee can retain copies of the franchise agreement and correspondence with Bang Cookies, provided these documents do not contain confidential information. These measures ensure that the Bang Cookies system and confidential information remain protected after a franchise agreement ends.
Because the FDD does not specifically detail post-separation procedures for employees, it would be prudent for a prospective franchisee to ask Bang Cookies about any specific requirements or recommended practices for handling employee departures. Understanding these procedures will help ensure a smooth transition and protect the Bang Cookies brand and confidential information.