If Bojangles requests, what actions must a recipient take regarding Confidential Information?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
All Confidential Information disclosed in accordance with Sections 2.D.(1) and (2) may only be provided by Recipient under a protective order entered by the applicable court or governmental body.
- **E.
Return and/or Destruction of Confidential Information.** If Franchisor requests, at any time and for any reason, that Recipient do so, Recipient agrees to: (1) immediately cease to use the Confidential Information; (2) immediately return, or destroy the Confidential Information and all copies thereof (whether or not such copies were authorized) and cause any third party to whom disclosure was made to do the same; and (3) at the request of Franchisor, certify in writing that Recipient and all others to whom Recipient has provided such Confidential Information, have complied with subsections (1) and (2) above.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, if Bojangles requests a recipient to do so, the recipient must take specific actions regarding Confidential Information. The recipient must immediately stop using the Confidential Information. They are also required to promptly return or destroy the Confidential Information and all copies, regardless of whether the copies were authorized. This obligation extends to ensuring any third party who received the information from the recipient also complies with these requirements.
Furthermore, at Bojangles's request, the recipient must provide written certification confirming that they and all others to whom they provided Confidential Information have complied with the stipulations to cease use, return, or destroy the information. This certification serves as a formal assurance of adherence to the confidentiality obligations.
This requirement ensures Bojangles maintains control over its proprietary information and can enforce its confidentiality agreements effectively. For a prospective franchisee, this means understanding that the obligation to protect Confidential Information extends beyond the initial evaluation phase and can be enforced at any time by Bojangles. Failure to comply with such a request could have legal and financial repercussions for the franchisee.