Who is a Bojangles franchisee allowed to divulge confidential information to?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
e terms of the master copy of the Manual maintained by Franchisor's home office shall be controlling.
IX. CONFIDENTIAL INFORMATION
A. Franchisee shall not, during the term of this Agreement or thereafter, communicate, divulge, or use for the benefit of any other person, persons, partnership, association, corporation or limited liability company any confidential information, knowledge, or know-how concerning the methods of operation of the Franchised Business which may be communicated to Franchisee or of which Franchisee may be apprised by virtue of Franchisee's operation under the terms of this Agreement. Franchisee shall divulge such confidential information only to such of its employees as must have access to it in order to operate the Franchised Business, and Franchisee shall take such precautions as Franchisor deems necessary to ensure that Franchisee's employees retain such information in confidence. Any and all information, knowledge, know-how, and techniques which Franchisor designates as confidential shall be deemed confidential for purposes of this Agreement, except information which Franchisee can demonstrate came to its attention prior to disclosure thereof by Franchisor; or which, at the time of disclosure by Franchisor to Franchisee, had become
a part of the public domain, through publication or communication by others; or which, after disclosure to Franchisee by Franchisor, becomes a part of the public domain, through publication or communication by others.
- В. 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.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 52–53)
What This Means (2025 FDD)
According to Bojangles' 2025 Franchise Disclosure Document, franchisees are generally prohibited from communicating or using confidential information about the Bojangles system for the benefit of others. However, there are specific exceptions. Franchisees may share confidential information with their own employees who need access to it in order to operate the restaurant, provided that the franchisee takes precautions to ensure the employees maintain confidentiality.
Additionally, franchisees are permitted to discuss confidential information with other Bojangles franchisees and Bojangles vendors, but only if those franchisees and vendors have also signed a confidentiality agreement with Bojangles or are bound by confidentiality clauses. This allows for necessary collaboration and information sharing within the Bojangles network while protecting sensitive business data.
There are also exceptions for disclosures required by law. A franchisee may disclose confidential information pursuant to a valid court order or other governmental body, provided that Bojangles is given prior written notice and an opportunity to object or obtain a protective order. Similarly, disclosure is allowed in litigation related to the franchise agreement, subject to any protective order issued by the court. These exceptions recognize the franchisee's need to comply with legal and regulatory requirements.
Finally, the franchisee is allowed to disclose the operating results and financial performance of their Bojangles restaurants. This exception likely acknowledges the franchisee's need to share financial information with lenders, investors, or potential buyers of their franchise. However, all confidential information disclosed under legal exceptions must be done under a protective order from the relevant court or governmental body.