What are the confidentiality obligations of a Bb.Q Chicken franchisee regarding materials and information furnished by the franchisor?
Bb_Q_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
- 7.1.6 You shall at all times preserve in confidence any and all materials and information furnished or disclosed to you by us and you shall disclose such information or materials only to such of your employees or agents who must have access to it in connection with their employment.
You shall not at any time, without our prior written consent, copy, duplicate, record or otherwise reproduce such materials or information, in whole or in part, nor otherwise make the same available to any unauthorized person.
10.2 Confidential Information
10.2.1 You acknowledge and accept that during the term of this Agreement, you and the Principal(s) will have access to Franchisor's trade secrets, including, but not limited to, recipes, methods, processes, customer lists, vendor partnerships and/or relationships, sales and technical information, financial information, costs, pricing formulae, equipment, technologies and procedures relating to the operation of the Franchised Business; the Manual; methods of advertising and promotion; instructional materials; any other information which Franchisor may or may not specifically designate as "confidential" or "proprietary"; and the components of the System, whether or not such information is protected or protectable by patent, copyright, trade secret or other proprietary rights (collectively referred to herein as the "Confidential Information"). You and Principal(s) covenant and agree that You and the Principal(s) shall not, during the term of this Agreement and thereafter, communicate or divulge to, or use for the benefit of, any other person or entity, and, following the expiration or termination of this Agreement, shall not use for their own benefit, any Confidential Information that may be communicated to You or Principal(s) or of which You or Principal(s) may be apprised in connection with the operation of the Franchised Business under the terms of this Agreement. You and the Principal(s) shall not divulge and make any Confidential Information available to anyone other than those of Franchisee's employees who require the Confidential Information to operate the Franchised Business and who have themselves entered into confidentiality and non-compete agreements containing the same provisions as contained in this Agreement, in accordance with 10.2.2 hereof. You and the Principal(s) shall not at any time copy, duplicate, record or otherwise reproduce any Confidential Information, in whole or in part, or otherwise make the same available to any person other than those authorized above, without Franchisor's prior written consent. The covenants in this Section 19.2 shall survive the expiration, termination or transfer of this Agreement or any interest herein and shall be perpetually binding upon Franchisee and each Principal.
- 10.2.2 You shall require and obtain the execution of covenants similar to those set forth in Section 10.2.1 from your General Manager and all other of your personnel who have received or will have access to confidential information. Such covenants shall be substantially in the form set forth in Attachment 4.
Source: Item 23 — RECEIPTS (FDD pages 62–283)
What This Means (2025 FDD)
According to Bb.Q Chicken's 2025 Franchise Disclosure Document, franchisees have strict confidentiality obligations regarding the franchisor's materials and information. Franchisees must maintain the confidentiality of any materials and information provided by Bb.Q Chicken and can only disclose such information to employees or agents who require access for their job duties.
The franchisee is prohibited from copying, duplicating, recording, or reproducing these materials without prior written consent from Bb.Q Chicken. This extends to all materials and information, whether or not specifically designated as confidential or proprietary, including recipes, methods, processes, customer lists, vendor partnerships, sales and technical data, financial information, costs, pricing formulas, equipment, technologies, procedures, manuals, advertising and promotion methods, and instructional materials.
These confidentiality obligations extend beyond the termination or expiration of the Franchise Agreement. Franchisees must also ensure that their employees who have access to confidential information sign confidentiality and non-compete agreements with provisions similar to those in the Franchise Agreement. This ensures that the trade secrets and confidential information of Bb.Q Chicken are protected both during and after the franchise term.