What is the dependency between the developer executing a non-disclosure agreement and Beyond Juicery Eatery approving the transfer?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor has the right to require any holder of a legal or beneficial interest in Developer (and any member of their immediate families or households), and any officer, director, executive, member, manager, or member of the professional staff and all employees of Developer to execute a nondisclosure and/or non-competition agreement, in a form as required by Franchisor, upon execution of this Agreement or prior to each such person's affiliation with Developer.
Upon Franchisor's request, Developer shall provide Franchisor with copies of all nondisclosure and/or noncompetition agreements signed pursuant to this Section 6.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Beyond Juicery Eatery requires certain individuals associated with the developer to sign a non-disclosure and/or non-competition agreement. Specifically, Beyond Juicery Eatery has the right to require any holder of a legal or beneficial interest in the Developer (and any member of their immediate families or households), and any officer, director, executive, member, manager, or member of the professional staff and all employees of Developer to execute a nondisclosure and/or non-competition agreement.
These agreements must be in a form required by Beyond Juicery Eatery and can be required upon the execution of the Area Development Agreement or prior to each such person's affiliation with the Developer. The developer is obligated to provide Beyond Juicery Eatery with copies of all nondisclosure and/or noncompetition agreements signed.
While the FDD excerpt specifies that Beyond Juicery Eatery can require these agreements, it does not explicitly state that Beyond Juicery Eatery's approval of a transfer is contingent upon the execution of these agreements. A prospective franchisee should clarify with Beyond Juicery Eatery whether the execution of these agreements is a prerequisite for transfer approval.