Are marketing plans considered 'Confidential Information' for a Bhc franchise?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
days after the initial occurrence of the event resulting in such inactivity, or such longer period as Franchisor may permit.
"Competitive Business" shall mean any business deriving more than 10% of its gross sales receipts from the sale, processing or manufacturing of fried chicken, sandwich, and other products offered in Franchised BHC Restaurants and which constitute 10% or more of the gross retail sales of any Franchised BHC Restaurant.
"Confidential Information" means information, know-how, and materials that are of value to Franchisor (or other third party, as applicable) and treated as confidential by Franchisor and is disclosed or made known or available to Franchisee or its employees or agents. Without limiting the generality of the
"Agreement" means this Agreement and all instruments amending this Agreement.
foregoing, the term "Confidential Information" includes, without limitation: (i) the Operations Manual; (ii) all technical and non-technical information, including without limitation, information concerning finances, financing and capital raising plans, accounting or marketing, business opportunities, affiliate lists, business plans, forecasts, predictions, projections, recipes, products, research, development, and know-how; (iii) "Intellectual Property" (as defined in this Article 1), the Marks, BHC Products, insignias, designs, and materials subject to copyright, patent, or trademark registration; (iv) any developments, inventions, improvements, additions, modifications, enhancements, derivatives, ideas, reports, analyses, opinions, studies, data or other materials or work product, whether prepared by Franchisor or otherwise, that contain or are based upon the "Proprietary Information" (as defined in this Article 1); (v) information regarding customers and potential customers of the Franchised Business, including customer lists, names, needs or desires with respect to the products or services offered, contracts and their contents and parties, the type and quantity of products and services provided or sought to be provided to customers and potential customers of the Franchised Business and other non-public information relating to customers and potential customers; (vi) information regarding any of Franchisor's business partners or affiliates and their servic
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, marketing plans are considered Confidential Information. The FDD defines "Confidential Information" broadly to include various types of data and materials that are valuable to the franchisor and treated as confidential. This information is disclosed to the franchisee and their agents.
Specifically, the definition includes "all technical and non-technical information, including without limitation, information concerning finances, financing and capital raising plans, accounting or marketing, business opportunities, affiliate lists, business plans, forecasts, predictions, projections, recipes, products, research, development, and know-how." This means that any information related to Bhc's marketing strategies, plans, and related data is considered confidential and proprietary.
As a Bhc franchisee, you are obligated to maintain the confidentiality of these marketing plans and related information. This obligation extends both during the term of the franchise agreement and even after its termination. Failure to protect this confidential information could have legal and financial repercussions for the franchisee.