For a Bens Soft Pretzels franchise, who is considered to have access to proprietary information?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
You must keep confidential during and after the term of the Franchise Agreement all trade secret and proprietary information, including the Manual and the care and preparation of the Menu Items. Upon termination of your Franchise Agreement, you must return to us all proprietary information, including but not limited to any writing relating to the care and preparation of the Menu Items, the Manual and all other copyright material. You must notify us immediately if you learn about an unauthorized use of proprietary information. We are not obligated to take any action and we have the sole right to decide the appropriate response to any unauthorized use of proprietary information. You must comply with all changes to the Manual at your cost.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD page 34)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels FDD, both during and after the term of the Franchise Agreement, franchisees are considered to have access to trade secret and proprietary information. This includes the Bens Soft Pretzels Manual and information regarding the care and preparation of Menu Items.
This means that franchisees are entrusted with confidential aspects of the Bens Soft Pretzels business model. Franchisees must maintain the confidentiality of this information and take precautions to prevent unauthorized disclosure or use. This obligation extends beyond the termination of the Franchise Agreement, highlighting the enduring importance of protecting Bens Soft Pretzels's proprietary assets.
Upon termination of the Franchise Agreement, franchisees are required to return all proprietary information to Bens Soft Pretzels. This includes any written materials related to the preparation of Menu Items, the Manual, and all other copyrighted material. Franchisees are also obligated to notify Bens Soft Pretzels immediately if they become aware of any unauthorized use of the company's proprietary information. However, Bens Soft Pretzels is not obligated to take any action in response to such unauthorized use and retains the sole right to decide on the appropriate course of action.