Are communications between the developer and Beyond Juicery Eatery considered 'Confidential Information'?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, the developer's knowledge of the brand's operations is considered confidential. The FDD states that the developer's knowledge of the Beyond Juicery + Eatery Restaurant and System, including the Standards and Specifications and operating procedures, comes from information disclosed by Beyond Juicery Eatery and is proprietary and confidential, constituting trade secrets.
The developer and their principal owners, officers, directors, shareholders, partners, members, and managers must maintain the absolute confidentiality of this proprietary information during and after the term of the agreement. They are prohibited from disclosing, copying, reproducing, selling, or using this information in any other business or manner not specifically authorized by Beyond Juicery Eatery in writing.
Beyond Juicery Eatery requires the developer to obtain nondisclosure and confidentiality agreements and covenants not to compete from the individuals listed above and other key employees, in a form satisfactory to them. This ensures that all parties associated with the developer are bound by the same confidentiality obligations, protecting Beyond Juicery Eatery's trade secrets and confidential information.