What specific actions are Bang Cookies franchisees prohibited from doing with the Manuals?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee shall keep and maintain the confidentiality of the operations manual and, shall keep and maintain all files, data and information contained in the operations manual in a secure location and/or in a protected confidential state and, as otherwise directed by Franchisor. The master copy and official version of the operations manual is and shall be the copy and/or version maintained and designated by Franchisor in Franchisor's ordinary course of business.
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- (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;
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(i) Franchisee discloses, divulges, provides access to, communicates, and/or permits the communication of the contents, data and/or information contained in the operations manual to any third party not otherwise authorized by Franchisor;
(k) Franchisee engages in any activity that injures, harms, damages, or otherwise has a material adverse effect on Franchisor, the System, the Licensed Marks, Bang Cookies Shops, Franchisee's Shop, and/or the reputation of the Bang Cookies brand;
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 39–40)
What This Means (2024 FDD)
According to Bang Cookies' 2024 Franchise Disclosure Document, franchisees face specific restrictions regarding the operations manual. Franchisees must maintain the confidentiality of the operations manual and keep all its files, data, and information secure, as directed by Bang Cookies. The official version of the manual is maintained by Bang Cookies.
Upon termination or transfer of the franchise agreement, franchisees must return the operations manual, including all parts, supplements, and copies, to Bang Cookies. However, franchisees can retain copies of the franchise agreement and correspondence with Bang Cookies, unless such documents contain confidential information.
Furthermore, franchisees are prohibited from disclosing, divulging, providing access to, communicating, or permitting the communication of the contents, data, or information contained in the operations manual to any third party not authorized by Bang Cookies. Failure to comply with these stipulations could lead to adverse effects on Bang Cookies, the System, the Licensed Marks, Bang Cookies Shops, the franchisee's shop, and/or the reputation of the Bang Cookies brand.