Are the Beef O Bradys Manuals considered Confidential Information?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
of specifications for and identities of and suppliers of certain products, materials, supplies, furniture, furnishings and equipment;
- (m) Recipes and Techniques. Recipes, formulas, preparation methods and serving techniques; and
- (n) Knowledge. Knowledge of operating results and financial performance of Family Sports Pubs other than those operated by you (or your affiliates);
- (o) Pricing and Purchasing. Pricing, purchase agreements and contracts.
We will disclose certain Confidential Information to you through various manuals and in providing training, guidance and assistance to you from time to time.
7.2 Nondisclosure Agreement. You acknowledge and agree that:
- (a) No Interest in Confidential Information. You will not acquire any interest in the Confidential Information, other than the right to utilize it in the development and operation of Family Sports Pubs under the Franchise Agreements during the term of this Agreement, and that the duplication or use of the Confidential Information in any other business would constitute an unfair method of competition; and
- (b) Proprietary. The Confidential Information is proprietary, may involve our trade secrets and is disclosed to you solely on the condition that you agree, and you do agree, that you:
- (i) will not use the Confidential Information in any other business or capacity;
- (ii) will maintain the absolute confidentiality of the Confidential Information during and after the term of this Agreement;
- (iii) will not make unauthorized copies of any portion of the Confidential Information disclosed via electronic medium, in written form or in other tangible form, including, for example, the Manuals; and
- (iv) will adopt and implement all reasonable procedures that we prescribe from time to time to prevent unauthorized use or disclosure of the Confidential Information including, restrictions on disclosure to your employees and the use of nondisclosure and noncompetition agreements we may prescribe for employees or others who have access to the Confidential Information.
- Competitive Restrictions. You agree and acknowledge that we would be unable to protect the Confidential Information against unauthorized use or disclosure and would be unable to encourage a free exchange of ideas and information among Family Sports Pubs if owners of franchised Family Sports Pubs were permitted to hold any interest in any business or facility owning, operating, or managing, or granting franchises or licenses to others to own, operate or manage, any bar, sports pub, restaurant, food service facility or other business that features menu items, products and/or services similar to any of the menu items, products and/or services offered by the Family Sports Pubs, including, by way of example and without limitation, any restaurant, bar or catering service that offers chicken wings, beef, hamburgers, chicken, or sandwiches or any bar which operates as a sports pub (other than a Family Sports Pub under a franchise agreement with us) (a "Competitive Business"). You also acknowledge that we have entered into this Agreement with you in part in consideration of and in reliance on your agreement to deal exclusively with us. Therefore, you agree as follows:
- (a) Noncompetition and Nonsolicitation: During the term of this Agreement neither you nor any of your Owners if you are a Business Entity (a "Restricted Person") will:
- (i) No Competitive Business.
- (a) Noncompetition and Nonsolicitation: During the term of this Agreement neither you nor any of your Owners if you are a Business Entity (a "Restricted Person") will:
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
According to Beef O Bradys's 2025 Franchise Disclosure Document, the manuals provided to franchisees are considered confidential information. Beef O Bradys may disclose Confidential Information to franchisees through various manuals and in providing training, guidance, and assistance. Franchisees acknowledge that they will not acquire any interest in the Confidential Information, other than the right to utilize it in the development and operation of Family Sports Pubs under the Franchise Agreements during the term of the agreement. The duplication or use of the Confidential Information in any other business would constitute an unfair method of competition.
Beef O Bradys considers its Confidential Information proprietary, and it may involve trade secrets. Franchisees must agree not to use the Confidential Information in any other business or capacity and must maintain absolute confidentiality during and after the term of the Franchise Agreement. Unauthorized copies of any portion of the Confidential Information, including the manuals, are prohibited, whether disclosed via electronic medium, in written form, or in other tangible form.
To prevent unauthorized use or disclosure of the Confidential Information, Beef O Bradys requires franchisees to adopt and implement all reasonable procedures that Beef O Bradys prescribes from time to time. These procedures may include restrictions on disclosure to employees and the use of nondisclosure and noncompetition agreements for employees or others who have access to the Confidential Information. Any form of the Manuals Beef O Bradys makes accessible to franchisees on-line will be deemed confidential information. Franchisees agree to maintain the Manuals as confidential and maintain the information in the Manuals as secret and confidential.
If a franchisee's copy of the manuals is lost, destroyed, or significantly damaged, they must obtain a replacement copy at Beef O Bradys' then-applicable charge, which currently ranges from $75 to $350, plus shipping, unless Beef O Bradys has made on-line Manuals accessible. In that case, the franchisee may utilize the on-line Manuals instead of purchasing other printed Manuals. Franchisees may not at any time copy, duplicate, record or otherwise reproduce any part of the Manuals.