Does the definition of 'Confidential Information' for Beyond Juicery Eatery include analytical tools?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to the 2025 FDD, Beyond Juicery Eatery defines 'Trade Secrets' as information in any form related to the restaurant that is not commonly known or available to the public. This information must derive economic value from not being generally known and be subject to reasonable efforts to maintain its secrecy. The definition includes, but is 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, and lists of customers or suppliers.
While the definition of 'Trade Secrets' is broad, it does not explicitly mention analytical tools. However, the definition does include technical and non-technical data, programs, methods, and techniques, which could potentially encompass certain types of analytical tools used in the operation of the restaurant.
For a prospective Beyond Juicery Eatery franchisee, this means that the confidentiality obligations extend to a wide range of information related to the restaurant's operations. It would be prudent for a potential franchisee to seek clarification from Beyond Juicery Eatery regarding whether specific analytical tools they intend to use or access are considered trade secrets or confidential information to ensure full compliance with the franchise agreement.