Does the definition of 'Confidential Information' for Beyond Juicery Eatery include memoranda?
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 Beyond Juicery Eatery's 2025 Franchise Disclosure Document, the definition of Trade Secrets includes various forms of information. Specifically, the FDD states that trade secrets encompass information in any form, including, but not limited to, materials, 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 provided, the document does not explicitly mention whether "memoranda" are included within the definition of 'Confidential Information'. However, given the broad scope of the definition, which includes information 'in any form' and covers a wide array of data types, it is plausible that memoranda containing proprietary or non-public information related to the restaurant's operations could be considered confidential.
A prospective franchisee should seek clarification from Beyond Juicery Eatery regarding whether memoranda are explicitly included within the scope of 'Confidential Information' to fully understand their obligations and restrictions under the franchise agreement.