Does the Bojangles franchise agreement explicitly state that the franchisee acknowledges the Confidential Information is the exclusive property of the franchisor?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- B. Treatment of Confidential Information. Recipient acknowledges, understands and agrees that the Confidential Information: (1) is the exclusive and confidential property of Franchisor or any of the Franchisor Parties and incorporates trade secrets and copyrights owned by them; (2) gives the Franchisor Parties some competitive business advantage or the opportunity of obtaining such an advantage, the disclosure of which could be detrimental to the interests of the Franchisor Parties; and (3) is not generally known by non-Franchisor Party personnel. Recipient shall at all times treat the Confidential Information in accordance with this Agreement.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the franchise agreement explicitly states that the franchisee acknowledges that the Confidential Information is the exclusive property of Bojangles. Specifically, the franchisee acknowledges that the confidential information is owned by Bojangles or Bojangles's parties and incorporates trade secrets and copyrights owned by them. The franchisee also acknowledges that the confidential information gives Bojangles a competitive business advantage.
This acknowledgement means that as a Bojangles franchisee, you recognize Bojangles's sole ownership of all confidential information related to the franchise. This includes trade secrets, operational methods, marketing strategies, and any other information not generally known to those outside the Bojangles system. You are also recognizing that this information provides Bojangles with a competitive edge, and its unauthorized disclosure could harm Bojangles's business interests.
As a franchisee, you must treat this information accordingly and protect it from unauthorized disclosure. This obligation extends both during the term of the franchise agreement and even after it expires or is terminated. Failing to uphold this responsibility could lead to legal action from Bojangles to protect its confidential information and proprietary rights. This is a fairly standard clause in most franchise agreements, as franchisors need to protect their intellectual property and business methods.
Furthermore, the franchisee acknowledges that the standards set forth in the agreement and the manual exist to protect Bojangles's interests in the system and the proprietary marks. It is not for the purpose of establishing any control or duty to take control over those matters that are reserved to the franchisee, including the day-to-day operation of the restaurant and the conduct and management of the franchisee's employees.