As a Developer, what agreement defines the terms used in the Beef O Bradys Confidentiality, Non-Solicitation, and Non-Competition Agreement?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPTS.]
| TERM | DEFINITION | |---|---| | Developer | You | | Section 13.16 | | I agree that during the term of my employment by, ownership participation in, association with or service to Developer, or at any time thereafter, I will not communicate, divulge or use for the benefit of any other person, persons, partnership, proprietorship, association, corporation or entity any confidential information, knowledge or know-how concerning the systems of operation, services, products, clients or practices of Developer and/or Franchisor which may be communicated to me ("Confidential Information"), and I will not divert any business to competitors of Developer and/or Franchisor.
I further agree that during the term of my employment, association, service or ownership participation, and under the circumstances set forth in the following paragraph, for a period of two years immediately following its expiration or termination for any reason, I will not, directly or indirectly engage or participate in any Competitive Business, as defined below. I agree that I am prohibited from engaging in any Competitive Business as a proprietor, partner, investor, shareholder, director, officer, employee, principal, agent, advisor, or consultant.
- 9.3 Confidentiality Obligations. You agree that your relationship with us does not vest in you any interest in the Confidential Information other than the right to use it in the development and operation of your Family Sports Pub as we see fit, and that the use or duplication of the Confidential Information in any other business would constitute an unfair method of competition.
You acknowledge and agree that the Confidential Information is proprietary, includes trade secrets belonging to us, and is disclosed to you or authorized for your use solely on the condition that you agree, and you therefore do agree, that you:
- (a) No Use of Confidential Information.
Will not use the Confidential Information in any other business or capacity;
- (b) In-Term and Post-Term Confidentiality.
Will maintain the absolute confidentiality of the Confidential Information during and after the term of this Agreement**;**
9.4 Exceptions to Confidentiality. The restrictions on your disclosure and use of the Confidential Information will not apply to the following:
(a) Generally Known Information.
Disclosure or use of information, processes, or techniques which are generally known and used in the Family Sports Pub business (as long as the
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
Based on the 2025 Beef O Bradys Franchise Disclosure Document, the terms used in the Beef O Bradys Confidentiality, Non-Solicitation, and Non-Competition Agreement for a Developer are defined within the Franchise Agreement itself. Specifically, the document refers to the franchisee (you) as the 'Developer' and outlines various obligations regarding confidential information, non-solicitation, and non-competition.
The Franchise Agreement states that as a franchisee, you will receive confidential information and specialized training regarding the Beef O Bradys system. You are obligated to maintain the confidentiality of this information both during and after the term of the agreement. This includes not using the confidential information in any other business or capacity and preventing unauthorized use or disclosure.
The agreement also addresses competitive restrictions, preventing you from engaging in any competitive business during the term of your involvement and for a period of two years after its expiration or termination. This includes acting as a proprietor, partner, investor, shareholder, director, officer, employee, principal, agent, advisor, or consultant in a competitive business. The agreement specifies that the confidential information is proprietary and includes trade secrets belonging to Beef O Bradys.
These restrictions do not apply to information that is generally known and used in the Family Sports Pub business, as long as the information did not become part of the public domain through any action of the franchisee. The Franchise Agreement serves as the primary document defining the terms and obligations related to confidentiality, non-solicitation, and non-competition for a Beef O Bradys Developer.