Can Ben Jerrys require a manager or personnel to sign a written agreement regarding confidential information?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
10.2 At BEN & JERRY'S request, OPERATOR shall require its manager and any personnel having access to any confidential information of BEN & JERRY'S to execute covenants that they will maintain the confidentiality of information they receive in connection with their employment by OPERATOR at the Scoop Shop. Such covenants shall be in a form satisfactory to BEN & JERRY'S, including specific identification of BEN & JERRY'S as a third-party beneficiary of such covenants with the independent right to enforce them.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 66–67)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, Ben Jerrys can request that the franchisee (referred to as OPERATOR) require their manager and any personnel with access to confidential information to sign agreements to maintain confidentiality. These agreements must be in a form satisfactory to Ben Jerrys.
This requirement ensures that Ben Jerrys can protect its proprietary information and trade secrets. By having managers and personnel sign confidentiality agreements, Ben Jerrys aims to prevent the unauthorized disclosure of sensitive information that could harm the franchise system.
Furthermore, Ben Jerrys is identified as a third-party beneficiary in these agreements, giving them the independent right to enforce the covenants. This means that Ben Jerrys can directly take legal action against a manager or employee who violates the confidentiality agreement, even if the franchisee does not pursue action. This provides an additional layer of protection for Ben Jerrys's confidential information.