Does the definition of 'Confidential Information' for Beyond Juicery Eatery include signage?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, your Restaurant will be awarded a geographic territory wherein you will have certain rights as described in this Agreement in which you will identify that you are a Beyond Juicery + Eatery Franchisee by exhibiting the Beyond Juicery + Eatery Trademarks and service marks on your marketing materials, vehicles, employee uniforms, signage, interior and exterior design, paper products, stationary, business cards, invoices, and other business supplies.
Operations Manuals – our confidential operating manuals, as amended from time to time in our sole discretion, which contain the instructions, requirements, standards, specifications, methods
and procedures for the operation of the Restaurant including without limitation, (i) those relating to the selection, purchase, service and sale of all products and services sold at the Restaurant; (ii) those relating to the maintenance and repair of the Restaurant, buildings, grounds, equipment, signs, interior and exterior décor items, fixtures and furnishings; (iii) those relating to employee apparel and dress, accounting, bookkeeping, record retention and other business systems, procedures and operations, and other brand protection standards; and (iv) the purchase, storage, and preparation of all Menu Items.
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.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to the 2025 Beyond Juicery Eatery FDD, the franchise agreement specifies that the franchisee will identify themselves as a Beyond Juicery Eatery franchisee by exhibiting the brand's trademarks and service marks on various items, including signage. The FDD also defines 'Operations Manuals' as containing the standards and specifications for the restaurant's operation, including those relating to the maintenance and repair of the restaurant, buildings, grounds, equipment, signs, interior and exterior décor items, fixtures, and furnishings.
While the FDD excerpts do not explicitly define signage as 'Confidential Information,' they do state that the franchisee's knowledge of operating a Beyond Juicery Eatery restaurant, including the standards and specifications and operating procedures, is derived from information disclosed by the franchisor and is considered proprietary and confidential. Franchisees must maintain the absolute confidentiality of this information and not disclose or use it in any unauthorized manner.
Given that signage is a key element in identifying a Beyond Juicery Eatery franchise and that the Operations Manuals contain specifications for signs, a franchisee should clarify with the franchisor whether specific signage designs, layouts, or standards are considered part of the confidential information covered by the franchise agreement. This clarification is important to ensure compliance with the agreement and to avoid any potential disputes regarding the use or disclosure of signage-related information.