Besides the term of the Development Agreement or the Franchise Agreement, after how long must I not communicate, divulge, or use confidential information for the benefit of others regarding Bojangles?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
You must not, during the term of the Development Agreement or the Franchise Agreement, or thereafter, communicate, divulge, or use for the benefit of any other person, partnership, association, or corporation, any confidential information, knowledge, or know-how concerning the methods of operation of Bojangles Restaurants including techniques, recipes, formulas, processes, procedures, designs, financial information, and information contained in the Manual. You may divulge confidential information only to those of your employees who must have access to it in order to operate your Restaurant, and you must take such precautions as we deem necessary to ensure that your employees keep such information in confidence. You must not use any proprietary or confidential information including any processes, procedures, recipes and formulas, or the Proprietary Marks, for any purpose other than the operation of the Restaurant and you must take all steps necessary to prevent any other use of these items.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 52–53)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, franchisees are bound by confidentiality obligations not only during the term of their Development Agreement or Franchise Agreement but also indefinitely after the agreement's termination. This means that a franchisee cannot disclose or use confidential information, knowledge, or know-how about Bojangles's operational methods for the benefit of any other person or entity, even after their franchise agreement has expired or been terminated. This includes techniques, recipes, formulas, processes, procedures, designs, financial information, and information contained in the Manual.
The FDD specifies that franchisees may only share confidential information with employees who need access to it for the operation of the restaurant. Franchisees must also take necessary precautions to ensure their employees maintain the confidentiality of this information. This obligation extends to preventing the use of proprietary or confidential information, including processes, procedures, recipes, formulas, or proprietary marks, for any purpose other than operating the Bojangles restaurant.
This perpetual confidentiality clause is a standard practice in franchising to protect the franchisor's intellectual property and trade secrets. It ensures that sensitive information that contributes to the brand's competitive advantage is not disclosed to competitors or used in ways that could harm the franchise system. Prospective franchisees should carefully consider this long-term obligation and ensure they understand the scope of confidential information covered by the agreement.
Failure to comply with these confidentiality requirements can result in legal action, including injunctions and financial penalties, as Bojangles seeks to protect its proprietary information. Franchisees should establish robust internal controls and training programs to ensure that all employees are aware of and adhere to these confidentiality obligations, both during and after their involvement with the Bojangles franchise.