What are the specific actions Beef O Bradys franchisees must take to maintain the confidentiality of Confidential Information?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
We possess or have access to certain confidential information, consisting of location selection criteria; the System; the operations manual; other proprietary materials; the sales and marketing techniques used, and knowledge of and experience in developing and operating Family Sports Pubs; customer information; marketing and advertising programs for Family Sports Pubs; knowledge of specifications for and suppliers of certain goods, services, furniture, fixtures, equipment, software, furnishings and signs, materials and supplies; and knowledge of operating results, costs and financial information, data and performance of Family Sports Pubs other than the Restaurant, certain of which the Franchisor licenses to us or which are developed by us under the Franchise Agreement but are owned by the Franchisor (the "Confidential Information").
You acknowledge that we and the Franchisor have provided you with Confidential Information and specialized and extensive training regarding the System. You understand and acknowledge that the System and Confidential Information are the Franchisor's proprietary trade secrets, and are confidential. We have an obligation under our Franchise Agreement to maintain the Confidential Information as secret and confidential.
- (b) Cease Identification as Licensee or Franchisee/Use of Marks. You may not directly or indirectly at any time or in any manner (except with respect to other Family Sports Pubs you own and operate) identify yourself or any business as a current or former Family Sports Pub, or as one of our licensees or franchisees, use any Mark, any colorable imitation of a Mark or other indicia of a Family Sports Pub in any manner or for any purpose or utilize for any purpose any trade name, trade or service mark or other commercial symbol that indicates or suggests a connection or association with us. Within ten (10) days of termination or expiration you are to deliver to us, at your own expense, all signs, sign-faces, signcabinets, marketing materials, forms and other materials containing any Mark or otherwise identifying or
- (e) De-Identification of Family Sports Pub.
If we do not have or do not exercise an option to purchase the Family Sports Pub, you agree that, after, as applicable, the effective date of expiration/terminations of this Agreement or the Notification Date, you will promptly and at your own expense make such alterations we specify to distinguish the Family Sports Pub clearly from its former appearance and from other Family Sports Pubs so as to prevent confusion by the public, including, without limitation, removing all exterior and interior signage bearing the Beef 'O' Brady's® name or logo including channel letter signage, pylon signage, interior signage and window decals; removing all furnishings bearing the Beef 'O' Brady's® name or logo; removing all memorabilia and décor items including pictures, jerseys, pennants, sporting good equipment, uniforms, plaques, etc. bearing inscriptions, engraving, autographs or any notation of any type that includes the Beef 'O' Brady's® name or logo; removing the System graphics and receipt printouts including the Beef 'O' Brady's® name or logo and the POS System data base key and forwarding it to us immediately upon closure of your Family Sports Pub; removing and ceasing to use all our private labeled food items including proprietary sauces, dressings and chips; removing all food presentation items such as our green plastic baskets, green checkered paper, current salad bowls, cups, plates, logo napkins and coasters, all retail merchandise bearing the Beef 'O' Brady's® name or logo; repainting of the interior of the restaurant to reflect a change in the basic color scheme from hunter green and gold so as to clearly distinguish from its former appearance/concept and from other Beef 'O' Brady's® Family Sports Pubs so as to prevent confusion by the public; removing TVs in any new restaurant so that the overall number of TVs does not exceed 5 units; removing any and all Beef 'O' Brady's® concepts or menu items from the menu, including chicken wings, beef, hamburgers, chicken or sandwiches, "signature items" by Beef 'O' Brady's® and removal of all "pinch hitter" special books, any new menu must different significantly from the Beef 'O' Brady's® menu, and at least 51% of the menu must have a different composition than any Beef 'O' Brady's® menu; and any and all other alterations we specify to distinguish the Family Sports Pub clearly from its former appearance and from other Family Sports Pubs.
- (f) Return Proprietary Information.
If we do not have or do not exercise an option to purchase the Family Sports Pub, you must return to us all proprietary manuals including operations manuals, recipe playbooks, food service charts, prep sheets, HACCP materials, marketing workbooks and guides, marketing materials, and discount cards.
- (g) Unused Gift Certificates.
If we do not have or do not exercise an option to purchase the Family Sports Pub, you must destroy all remaining unused gift certificates.
- (h) Telephone Directory Listings. If we do not have or do not exercise an option to purchase the Family Sports Pub you agree that, after, as applicable, the effective date of expiration/termination of this Agreement or the Notification Date, you will obtain a new telephone number and notify the telephone company and all telephone directory publishers of the termination or expiration of your right to use any telephone, telecopy or other numbers and any regular, classified or other telephone directory listings formerly or currently used at or for the Family Sports Pub, authorize the transfer of such numbers and directory listings to us or at our direction and/or instruct the telephone company to forward all calls made to your telephone numbers to numbers we specify;
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
Based on the 2025 Beef O Bradys Franchise Disclosure Document, franchisees are obligated to maintain the confidentiality of proprietary information both during the term of the agreement and after its termination. This includes trade secrets, the operating system, manuals, and other confidential business data. Franchisees acknowledge that this information is exclusive to Beef O Bradys and must be protected.
Upon termination or expiration of the franchise agreement, franchisees must take several specific actions to ensure confidentiality is maintained. They must discontinue using any materials that identify the business as a Beef O Bradys, including Marks, logos, and other identifying indicia. Franchisees are required to de-identify the Family Sports Pub to prevent public confusion, which involves removing all Beef O Bradys signage, logos, branded furnishings, and decor. They must also cease using private-labeled food items and alter the restaurant's interior to distinguish it from its former appearance.
Furthermore, franchisees must return all proprietary manuals, recipe playbooks, marketing workbooks, and other confidential materials to Beef O Bradys. They are also responsible for destroying any unused gift certificates and providing a method for reimbursement to franchise members for unredeemed certificates. Finally, franchisees must change telephone directory listings to remove any association with Beef O Bradys. These measures collectively ensure that confidential information remains protected and that the terminated business cannot be mistaken for a current Beef O Bradys franchise.