Are communications between the franchisee and Beyond Juicery Eatery considered 'Confidential Information'?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
hise Agreement") by and between Franchisee Parties and the Company;
WHEREAS, the Company is the Franchisor of Beyond Juicery + Eatery Restaurants and has the authority to disclose and discuss all information relating to the operations of a Restaurant;
WHEREAS, Confidential Information and Trade Secrets, which are more particularly described below, will be disclosed to the Franchisee Parties in relation to Franchisee's operation of its Beyond Juicery + Eatery Restaurant franchise (hereinafter referred to as the "Franchised Business"); and
WHEREAS, the Franchisee Parties understand the necessity of not disclosing any such information to any other party or using such information to compete against the Company, any affiliate(s) or other franchisee(s) of the Company, or in any business (i) that is a Competing Business (as defined below) or (ii) in which Trade Secrets and other Confidential Information (as defined below) could be used to the disadvantage of Franchisee, the Company, any affiliate(s) of the Company, or the Company's other franchisees.
Source: Item 22 — CONTRACTS (FDD page 60)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, the definition of "Confidential Information" is broad but does not explicitly mention communications between the franchisee and franchisor. The FDD states that Confidential Information includes "any and all data or facts, not available to the public or which do not become available to the public," encompassing a wide range of information related to the operation of the Beyond Juicery Eatery Restaurant franchise. This information is disclosed to the franchisee and is intended to be protected from disclosure to third parties or use in competition against Beyond Juicery Eatery.
Given the broad definition, it is likely that certain communications, particularly those containing non-public data or facts related to the restaurant's operations, would be considered confidential. This could include internal reports, financial data, strategic plans, and other sensitive information shared between the franchisee and Beyond Juicery Eatery. The franchisee is obligated to protect this information and not use it to compete against the franchisor or other franchisees.
To ensure full compliance and clarity, a prospective franchisee should seek specific clarification from Beyond Juicery Eatery regarding what types of communications are explicitly considered "Confidential Information" under the Franchise Agreement. Understanding the scope of this definition is crucial for maintaining a compliant and secure franchise operation.