Does the definition of 'Confidential Information' for Beyond Juicery Eatery include business plans?
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, the definition of "Trade Secrets" includes financial plans. This is relevant because the FDD states that the franchisee acknowledges that their knowledge of the Beyond Juicery + Eatery restaurant and system is derived from information disclosed to them by the franchisor and that certain information is proprietary, confidential, and constitutes trade secrets.
The FDD defines Trade Secrets as 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. This 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.
This means that Beyond Juicery Eatery considers its business plans and financial data as confidential and proprietary. A franchisee must 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 Beyond Juicery Eatery. Beyond Juicery Eatery also requires that franchisees obtain nondisclosure and confidentiality agreements and covenants not to compete from key employees.