What is the Beyond Juicery Eatery developer's responsibility regarding the prosecution of confidentiality breaches?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
n any Action under these laws; (3) neither Developer nor any individual or entity owning directly or indirectly any interest of Developer or their respective affiliates or the funding sources for the foregoing is directly or indirectly owned or controlled by the government of a county that is subject to an embargo imposed by the United States Government, nor acting on behalf of a government; (4) has taken all reasonable measures to ensure compliance with all OFAC Laws and Regulations ; and (5) Developer shall take all reasonable measures to continue compliance with all OFAC Laws and Regulations during the Term of this Agreement.
- (9) 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. We require that you obtain nondisclosure and confidentiality agreements and covenants not to compete in a form satisfactory to us from the individuals listed in the first sentence of this paragraph and other key employees.
- (10) You must comply with all requirements of all applicable federal, state, and local laws, rules and regulations.
B.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to the 2025 FDD, Beyond Juicery Eatery requires its developers to actively protect the brand's confidential information. The developer must secure nondisclosure and non-compete agreements from key individuals like principal owners, officers, directors, shareholders, partners, members, managers, and other key employees. These agreements must be in a format satisfactory to Beyond Juicery Eatery.
Beyond Juicery Eatery also emphasizes that the developer's knowledge of the Beyond Juicery Eatery system, including standards, specifications, and operating procedures, is derived from proprietary information disclosed by them and considered trade secrets. The developer is responsible for maintaining the absolute confidentiality of this information during and after the term of the agreement. They are prohibited from disclosing, copying, reproducing, selling, or using this information in any unauthorized manner.
Furthermore, Beyond Juicery Eatery retains the right to request copies of all executed nondisclosure and non-competition agreements from the developer, ensuring that these documents are properly maintained. The developer must also assist Beyond Juicery Eatery in protecting its intellectual property rights related to the system, regardless of who developed the item or process. These measures collectively aim to safeguard Beyond Juicery Eatery's trade secrets and confidential information, preventing unauthorized use or disclosure that could harm the franchise system.