Does the Beverly Anns Cookie agreement require confidentiality of its terms?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
EXHIBIT H-3
BEVERLY ANN'S COOKIES FRANCHISE
SAMPLE CONFIDENTIALITY AGREEMENT
This Confidentiality Agreement ("Agreement") is entered into by the undersigned ("you") in favor of Mobile Cookie Company, LLC, a Delaware limited liability company, and its successors and assigns ("us"), upon the terms and conditions set forth in this Agreement.
1. Definitions.For purposes of this Agreement, the following terms have the meanings given to them below:
"Copyrights" means all works and materials for which we or our affiliate(s) have secured common law or registered copyright protection and that we allow Beverly Ann's Cookies franchisees to use, sell, or display in connection with the marketing and/or operation of Beverly Ann's Business, whether now in existence or created in the future.
"Franchisee" means the Beverly Ann's Cookies franchisee for which you are an employee, independent contractor, agent, representative, or supplier.
"Intellectual Property" means, collectively or individually, our Marks, Copyrights, Know-how, Manual, and System.
"Know-how" means all of our trade secrets and other proprietary information relating to the development, construction, marketing, and/or operation of a Beverly Ann's Business, including, but not limited to, methods, techniques, specifications, proprietary practices and procedures, policies, marketing strategies, and information comprising the System and the Manual.
"Beverly Ann's Business" means a business that provides cookies, ice cream, and related products to the general public in a mobile environment and other related products and services using our Intellectual Property.
"Manual" means our confidential operations manual for the operation of a Beverly Ann's Business.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, franchisees are required to maintain the confidentiality of certain information. Specifically, Exhibit H-3 is a sample confidentiality agreement that outlines the terms and conditions related to confidential information.
The agreement defines key terms such as "Copyrights," "Franchisee," "Intellectual Property," "Know-how," "Beverly Ann's Business," "Manual," and "Marks" to clarify what information is protected. It emphasizes that protecting the Intellectual Property is vital to the success of Beverly Anns Cookie and its franchisees. The franchisee, as an employee, independent contractor, agent, representative, or supplier, acknowledges that they may gain knowledge of this Intellectual Property and agrees to maintain its confidentiality.
The confidentiality agreement specifies that the franchisee will not use the Intellectual Property in any business or capacity other than for the benefit of the Beverly Ann's Business, will maintain the confidentiality of the Intellectual Property at all times, will not make unauthorized copies of documents containing any Intellectual Property, and will take reasonable steps to prevent unauthorized use or disclosure of the Intellectual Property. These obligations continue even if the franchisee is no longer associated with the Beverly Ann's Business. This extends to not unfairly compete with Beverly Anns Cookie at any time while associated with the business by engaging in any Prohibited Activities.