Are the business plans of Beyond Juicery Eatery considered 'Confidential Information'?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
, military bases and sports arenas otherwise located within the Territory, nor a specifically identified restricted area surrounding any Franchised Restaurant located within the Territory as of the date of this Agreement nor shall it be deemed to convey any exclusivity with respect to the use of the Trademarks.
Trademarks or Marks – certain trademarks, trade names, trade dress, service marks, emblems and indicia of origin designated by us from time to time for use in connection with the operation of the Franchised Restaurants pursuant to the System in the Territory, including, without limitation, "Beyond Juicery + Eatery."
Trade Secrets – information in any form (including, but not limited to, materials and techniques, technical or non-technical data, formulas, patterns, compilations, recipes, programs, devices, methods, techniques, drawings, processes, financial data, financial plans, product plans, passwords, lists of actual or potential customers or suppliers) related to or used in the Restaurant(s) that is not commonly known by or available to the public and that information: (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Training Center – the location(s) specified from time to time by us as the Training Center.
Transfer – the sale, assignment, conveyance, license, devise, bequest, receipt by a trust beneficiary, pledge, mortgage or other encumbrance, whether direct or indirect, of (i) this Agreement; (ii) any or all of your rights or obligations herein; or (iii) any interest in any equity interest, including the issuance of any new equity interests.
Wage Expenses – such wages and/or salaries (including a reasonable allocation of the cost of benefits) of, or with respect to, our (or other described party's) employees, agents, and/or Representatives to be reimbursed to us or such party as described herein.
2. DESIGNATED RIGHTS; TERM
- A.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, business plans are not explicitly defined as confidential information. However, the FDD does state that 'Trade Secrets' include information like financial data and financial plans if that information is not publicly known, has economic value, and is subject to reasonable efforts to maintain its secrecy.
Beyond Juicery Eatery emphasizes the confidentiality of various aspects of its system. Franchisees are required to maintain the absolute confidentiality of proprietary information disclosed to them, acknowledging that their knowledge of the restaurant's operation and the system is derived from this information. This includes knowledge regarding standards, specifications, and operating procedures. Franchisees must also ensure that their key employees sign nondisclosure and confidentiality agreements.
Given that financial plans are listed as potential trade secrets, a franchisee's business plan could be considered confidential information if it meets the criteria outlined in the definition of 'Trade Secrets.' This means the plan contains non-public financial data that gives Beyond Juicery Eatery a competitive advantage and is actively protected from disclosure. Therefore, while not explicitly stated, a franchisee's business plan could be treated as confidential under the broader definition of trade secrets, depending on its content and the measures taken to protect it.