What is the responsibility of a Beyond Juicery Eatery franchisee regarding prosecution of breaches of confidentiality agreements?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to the 2025 Beyond Juicery Eatery FDD, franchisees are responsible for obtaining nondisclosure and confidentiality agreements from certain individuals. Specifically, Beyond Juicery Eatery requires franchisees to secure these agreements, in a form satisfactory to them, from individuals such as the franchisee's principal owners, officers, directors, shareholders, partners, members, managers, and other key employees. These agreements are designed to protect Beyond Juicery Eatery's proprietary information and trade secrets.
The FDD states that the franchisee and their principal owners acknowledge that their knowledge of the Beyond Juicery Eatery restaurant operation and system, including standards, specifications, and operating procedures, comes from information disclosed by Beyond Juicery Eatery and that this information is confidential and constitutes trade secrets. Franchisees must maintain the confidentiality of this information during and after the term of the franchise agreement and cannot disclose, copy, reproduce, sell, or use it without Beyond Juicery Eatery's written authorization.
While the FDD excerpt specifies the franchisee's responsibility to obtain these confidentiality agreements, it does not explicitly detail the franchisee's direct role in prosecuting breaches of these agreements. However, it is implied that franchisees must take reasonable measures to enforce these agreements to protect Beyond Juicery Eatery's confidential information. A prospective franchisee should clarify with Beyond Juicery Eatery the specific procedures and expectations regarding the enforcement of these agreements and what support, if any, Beyond Juicery Eatery provides in the event of a breach.