In what form will the Confidential Information be disclosed to the Bb.Q Chicken franchisee?
Bb_Q_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 62–283)
What This Means (2025 FDD)
According to the 2025 Bb.Q Chicken Franchise Disclosure Document, franchisees and their principals will have access to the franchisor's trade secrets and confidential information during the term of the agreement. This information includes, but is not limited to, recipes, methods, processes, customer lists, vendor partnerships, sales and technical data, financial information, costs, pricing formulas, equipment, technologies, procedures related to the operation of the franchised business, the Manual, advertising and promotion methods, instructional materials, and any other information the franchisor designates as confidential. This information collectively forms the "Confidential Information" and includes components of the Bb.Q Chicken system, whether or not it is protected by patent, copyright, trade secret, or other proprietary rights.
The Bb.Q Chicken franchisee and their principals are prohibited from communicating, divulging, or using this Confidential Information for the benefit of any other person or entity during the agreement term and from using it for their own benefit after the agreement expires or terminates. The franchisee can only share Confidential Information with employees who need it to operate the franchised business and who have signed confidentiality and non-compete agreements with the same provisions as in the franchise agreement.
The Bb.Q Chicken franchisee and their principals are not allowed to copy, duplicate, record, or reproduce any Confidential Information, either in whole or in part, or make it available to any unauthorized person without the franchisor's prior written consent. These confidentiality obligations survive the expiration, termination, or transfer of the agreement and are perpetually binding on the franchisee and each principal. This ensures that the Bb.Q Chicken's proprietary information remains protected, maintaining the brand's competitive edge and consistency across all franchise locations.
In practical terms, this means a prospective Bb.Q Chicken franchisee will receive access to critical operational and business information necessary to run the franchise. However, they must take stringent measures to protect this information, including requiring their employees to sign confidentiality agreements. Failure to comply with these confidentiality requirements could result in legal repercussions and termination of the franchise agreement.