Does Bft retain control or ownership of the 'Restricted Data' as defined in the franchise agreement?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
Confidential Information does not include information, knowledge, or know-how, which is lawfully known to the public without violation of applicable law or an obligation to Franchisor or its affiliates, or any Restricted Data.
Source: Item 23 — RECEIPTS (FDD pages 79–265)
What This Means (2025 FDD)
Based on the 2025 Bft Franchise Disclosure Document, the definition of 'Restricted Data' is excluded from the Confidential Information that Bft franchisees are obligated to protect. The FDD states that Confidential Information does not include Restricted Data. However, the document does not specify what 'Restricted Data' refers to, or who owns or controls it.
While the franchisee must protect Bft's Confidential Information, they are not obligated to protect 'Restricted Data'. This suggests that 'Restricted Data' is either publicly available, or that the franchisee has rights to it that they do not have to the Confidential Information.
To fully understand the implications, a prospective Bft franchisee should ask the franchisor for a clear definition of 'Restricted Data' and clarification on who owns and controls it. This will help the franchisee understand their obligations and rights regarding this data.