Are pricing paradigms established by Beyond Juicery Eatery considered 'Confidential Information'?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
Confidential Information – without limitation, any and all data or facts, not available to the public or which do not become available to the public, which data and facts shall include but not be limited to all information, knowledge, Trade Secrets or know-how utilized or embraced by the System or otherwise concerns your or our systems of operations, programs, services, products, customers, practices, books, records, manuals, computer files, databases or software, the System, all Operations Manuals, training manuals or other manuals, all Customer Data, the Standards and Specifications, written directives, equipment and equipment specifications, all proprietary software, computer and point-of-sale programs (and output from such programs), all pricing paradigms established by you or us, all of our and/or your sources (or prospective sources) of supply and all information pertaining to same (including wholesale pricing structures, the contents of sourcing agreements and the identity of suppliers), our specifications, and your final plans for the construction, buildout, design, renovation, décor, the identity of and all information relating to the computer and POS hardware and software utilized by you and/or us, internet protocols, procedures and content, training and instructional materials , all communications between us (including financial and other reports you are required to submit to us under this Agreement), memoranda, notes, disks, cost analyses, financial statements, trademarks, trade dress, copyrights, logos, signage, blueprints, sketches, recipes, methods, processes, designs, plans, property, reports, documents, analytical tools, business plans, business contacts, information regarding operations, manufacturing, administration, merchandising, marketing, costing, and production information and all extracts and copies thereof prepared by either party or its officers, agents, employees, attorneys, representatives, or consultants, which when used together as they relate to the System reasonably represent an entity employing the System, and the subjects and content of all conversations, communications, and correspondence (whether oral or in writing) between us and you and any Principal Owners, which is disclosed to or acquired by you directly or indirectly from us in the course of activities related to the development of a business relationship between you and
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, pricing paradigms established by either the franchisee or franchisor are considered Confidential Information. The FDD defines 'Confidential Information' broadly, encompassing data and facts not publicly available. This includes, but isn't limited to, operational systems, manuals, software, customer data, specifications, and notably, 'all pricing paradigms established by you or us'.
This means that as a Beyond Juicery Eatery franchisee, the pricing strategies and models used in your restaurant are considered proprietary and must be kept confidential. You cannot disclose these pricing paradigms to competitors or use them in any business other than your Beyond Juicery Eatery franchise. This restriction applies both during the term of the Franchise Agreement and after its termination.
The franchisor also commits to keeping your pricing paradigms confidential. This protection of pricing information is intended to maintain a competitive advantage for the Beyond Juicery Eatery system and ensure that franchisees can operate effectively without their pricing strategies being compromised. This is a fairly standard practice in franchising, as protecting trade secrets and confidential information is crucial for maintaining brand consistency and competitive edge.
Given this definition, prospective franchisees should understand the importance of maintaining the confidentiality of all information related to the Beyond Juicery Eatery system, including pricing strategies. They should also inquire about the specific measures Beyond Juicery Eatery takes to protect this information and what the consequences are for breaching confidentiality agreements.