Are Bb.Q Chicken franchisees' General Managers and employees also subject to the confidentiality obligations?
Bb_Q_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
Confidential Information: We claim proprietary rights in certain of our recipes which are included in the Manual and which are our trade secrets. Any and all information, knowledge, know-how and techniques related to the System that we communicate to you, including the Manual, plans and specifications, marketing information and strategies and site evaluation, selection guidelines and techniques, recipes, and the terms of your agreement with us, are considered confidential. You and each of your Principals are prohibited, during and after the term of your Agreement, from communicating, or using for the benefit of any other person or entity, and, after the term of your Agreement, from using for your or their own benefit, any confidential information, knowledge or know-how concerning the methods of operation of the Franchised Business that may be communicated to you or any of your Principals or that you may learn about. You and each of your Principals may divulge this confidential information only to your employees who must have access to it to operate the Franchised Business. Neither you nor your Principals are permitted at any time, without first obtaining our written consent, to copy, record or otherwise reproduce the materials or information nor make them available to any unauthorized person.
If you, your Principals, General Manager or employees develop any new concept, process or improvement in the operation or promotion of the Franchised Business, you must promptly notify us and give us all necessary information, free of charge. You, your Principals, General Manager and employees must acknowledge that any of these concepts, processes or improvements will become our property and we may give the information to other franchisees.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 46–47)
What This Means (2025 FDD)
According to Bb.Q Chicken's 2025 Franchise Disclosure Document, confidentiality obligations extend beyond the franchisee and their principals to include the General Manager and employees. Bb.Q Chicken considers any information, knowledge, know-how, and techniques related to their system as confidential. This includes the manual, plans, specifications, marketing information, site evaluation guidelines, recipes, and even the terms of the franchise agreement itself.
The franchisee and their principals are prohibited from communicating or using this confidential information for the benefit of others during and after the franchise term. They are also restricted from using it for their own benefit after the agreement ends. The only exception is that confidential information can be shared with employees who need it to operate the Bb.Q Chicken franchise. However, franchisees, principals, General Managers, and employees cannot copy, record, reproduce, or make the information available to unauthorized individuals without written consent from Bb.Q Chicken.
Furthermore, if the franchisee, their principals, General Manager, or employees develop any new concept, process, or improvement related to the Bb.Q Chicken franchise, they must promptly notify Bb.Q Chicken. These developments become the property of Bb.Q Chicken, and the franchisor can share the information with other franchisees. This underscores the importance of maintaining confidentiality and adhering to the established operational methods of the Bb.Q Chicken system.