What action must a Beyond Juicery Eatery developer take if a confidentiality agreement is breached?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
n any Action under these laws; (3) neither Developer nor any individual or entity owning directly or indirectly any interest of Developer or their respective affiliates or the funding sources for the foregoing is directly or indirectly owned or controlled by the government of a county that is subject to an embargo imposed by the United States Government, nor acting on behalf of a government; (4) has taken all reasonable measures to ensure compliance with all OFAC Laws and Regulations ; and (5) Developer shall take all reasonable measures to continue compliance with all OFAC Laws and Regulations during the Term of this Agreement.
- (9) Developer and Principal Owners, and Developer's officers, directors, shareholders, partners, members, and managers, (if any) acknowledge that their respective entire knowledge of the operation of a Beyond Juicery + Eatery Restaurant and the System, including without limitation the knowledge or know-how regarding the Standards and Specifications and operating procedures of the services and activities, is derived from information we disclose to you and that certain information is proprietary, confidential, and constitutes our Trade Secrets. You and your Principal Owners, officers, directors, shareholders, partners, members, and managers (if any), jointly and severally, agree that at all times during and after the Term of this Agreement, you will maintain the absolute confidentiality of all such proprietary information and will not disclose, copy, reproduce, sell or use any such information in any other business or in any manner not specifically authorized or approved in advance in writing by us. We require that you obtain nondisclosure and confidentiality agreements and covenants not to compete in a form satisfactory to us from the individuals listed in the first sentence of this paragraph and other key employees.
- (10) You must comply with all requirements of all applicable federal, state, and local laws, rules and regulations.
B. Developer affirmatively covenants with us as follows:
- (1)
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
The 2025 Franchise Disclosure Document for Beyond Juicery Eatery states that developers must ensure that their employees and principal owners sign non-disclosure and confidentiality agreements. These agreements must be in a form satisfactory to Beyond Juicery Eatery. The FDD does not explicitly state what actions a developer must take if a confidentiality agreement is breached. However, it does state that the developer is responsible for obtaining these agreements from key individuals and providing copies to Beyond Juicery Eatery upon request.
While the FDD does not outline specific steps for breaches, it emphasizes the importance of maintaining confidentiality regarding Beyond Juicery Eatery's trade secrets and proprietary information. This suggests that Beyond Juicery Eatery places a high value on protecting its confidential information and would likely expect developers to take any necessary steps to rectify a breach.
Given the lack of specific guidance in the FDD, a prospective Beyond Juicery Eatery developer should directly ask the franchisor about the expected procedures and potential liabilities in case of a confidentiality breach. Understanding the franchisor's expectations and any potential legal ramifications is crucial for managing risk and ensuring compliance with the franchise agreement.