What is included in the 'Confidential Information' related to the Bb.Q Chicken franchise?
Bb_Q_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Bb.Q Chicken's 2025 Franchise Disclosure Document, Confidential Information includes a wide array of proprietary assets and knowledge essential to the operation of the franchise. This encompasses trade secrets like recipes, methods, and processes, as well as customer lists and vendor relationships. It also extends to sales, technical, and financial data, including costs, pricing formulas, equipment specifications, and technologies used.
Bb.Q Chicken also considers its operations manual, advertising and promotion methods, and instructional materials as confidential. The definition is broad, covering any other information that Bb.Q Chicken designates as confidential or proprietary, regardless of whether it's protected by patent, copyright, trade secret, or other proprietary rights. This comprehensive approach ensures that all aspects of the Bb.Q Chicken system remain exclusive and protected.
The agreement stipulates that franchisees and their principals must not disclose or use this Confidential Information for the benefit of any other person or entity during the term of the agreement and even after its expiration or termination. The information can only be shared with employees who need it to operate the franchise and who have signed confidentiality and non-compete agreements. Franchisees are also prohibited from copying or reproducing any Confidential Information without Bb.Q Chicken's prior written consent. These obligations survive the termination or transfer of the franchise agreement, ensuring long-term protection of Bb.Q Chicken's proprietary information.