If Beyond Juicery Eatery prosecutes a confidentiality breach, what are the developer's obligations?
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.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, developers and their principal owners, along with their officers, directors, shareholders, partners, members, and managers, acknowledge that their knowledge of the Beyond Juicery Eatery restaurant operation and system, including standards, specifications, and operating procedures, comes from the information disclosed by Beyond Juicery Eatery. This information is considered proprietary, confidential, and constitutes trade secrets.
The developer and related parties must maintain absolute confidentiality of all proprietary information during and after the term of the agreement. They are prohibited from disclosing, copying, reproducing, selling, or using this information in any other business or manner not specifically authorized in writing by Beyond Juicery Eatery. Beyond Juicery Eatery requires that the developer obtain nondisclosure and confidentiality agreements and covenants not to compete from the individuals listed above and other key employees in a form satisfactory to them.
Furthermore, the developer must assist Beyond Juicery Eatery in protecting its trade secrets and confidential information. They must also help Beyond Juicery Eatery obtain or maintain intellectual property rights related to the system, regardless of who developed the item or process. This includes taking actions reasonably requested by Beyond Juicery Eatery to support their efforts in securing these rights.