What are the consequences if a Bojangles franchisee discloses confidential information from the manual?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. Franchisee hereby acknowledges that pursuant to this Agreement, Franchisor will provide Franchisee with access to and training in processes and procedures of a proprietary nature and will provide Franchisee with access to and the right to use recipes and formulas, the Manual, logos, designs, trademarks, trade names and other proprietary information in connection with Franchisee's development and operation of the Restaurant. Franchisee acknowledges and agrees that Franchisee shall not at any time, whether during the term of this Agreement or after its expiration or earlier termination, disclose any information obtained through such training or from any materials provided by Franchisor to Franchisee and pertaining to the Bojangles System to any third party other than employees of Franchisee directly involved in the operations of the Restaurant. Further, Franchisee agrees that during the term of this Agreement and after its expiration or earlier termination, it shall not use any of such information or proprietary marks, including but not limited to any processes, procedures, recipes and formulas, for any purpose other than the operation of the Restaurant and will take all steps necessary to prevent any other use of them. Without limiting the foregoing, Franchisee specifically agrees that it shall not during the term of this agreement or after its expiration or earlier termination, offer for sale at any location, other than the Restaurant being operated at that tim
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, franchisees must treat the contents of the manual as confidential and protect this information against unauthorized use, copying, or transfer. Franchisees must use at least a reasonable degree of care to protect this information, and they cannot disclose confidential information to any of Bojangles's competitors. Franchisees also acknowledge that the confidential information is the exclusive property of Bojangles. This information incorporates trade secrets and copyrights owned by Bojangles, giving them a competitive business advantage. Franchisees must agree to these terms to protect Bojangles's interests.
Bojangles provides franchisees with access to proprietary processes and procedures, recipes and formulas, the Manual, logos, designs, trademarks, trade names, and other proprietary information. Franchisees cannot disclose any information obtained through training or materials provided by Bojangles to any third party other than employees directly involved in the restaurant's operations.
Franchisees also agree not to use any of this information or proprietary marks for any purpose other than operating the restaurant and must prevent any other use of them. This includes not offering for sale any items at any location other than the Bojangles restaurant being operated at that time. Bojangles requires these measures to maintain the integrity of its brand and operational standards, and to protect its competitive edge in the market.