What precautions must a Bojangles franchisee take to ensure their employees keep confidential information confidential?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
ived by electronic access or written copy on loan from Franchisor for the term of this Agreement. The Manual shall include manuals, memoranda, procedures, policies and other communications created by Franchisor that are posted on the Bojangles electronic portal or otherwise communicated to Franchisee in writing by email or hardcopy, whether or not noted as "Manual".
If a posting is made to the Bojangles electronic portal, Franchisee shall be deemed to have notice of any changes or supplements to the Manual. Franchisee acknowledges and agrees that any required standards set forth in this Agreement and the Manual exist to protect Franchisor's interests in the System and the Proprietary Marks and not for the purpose of establishing any control or duty to take control over those matters that are reserved to Franchisee (including the day-to-day operation of the Restaurant and the conduct and management of Franchisee's employees).
- B. Franchisee shall at all times treat the Manual, any other manuals created for or approved for use in the operation of the Franchised Business, and the information contained therein, as confidential, and shall use all reasonable efforts to maintain such information as secret and confidential. Franchisee shall not at any time copy, duplicate, record, or otherwise reproduce the foregoing materials, in whole or in part, nor otherwise make the same available to any unauthorized person.
- C. The Manual shall at all times remain the sole property of Franchisor.
- D. Franchisor may from time to time revise the contents of the Manual, and Franchisee expressly agrees to comply with each new or changed standard.
- E. Franchisee shall continuously review changes to the Manual as posted on the Bojangles electronic portal, and to otherwise keep current with the Manual. In the event of any dispute as to the contents of the Manual, the terms of the master copy of the Manual maintained by Franchisor at Franchisor's home office shall be controlling.
X. 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.
- 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.
Source: Item 23 — RECEIPTS (FDD pages 82–573)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, franchisees must take necessary precautions to ensure their employees keep confidential information private. Franchisees should only share confidential information with employees who require access to it for business operations. Bojangles deems any information, knowledge, know-how, and techniques as confidential, unless the franchisee can prove it was already known, publicly available before disclosure, or became public knowledge after disclosure.
Bojangles will provide franchisees with access to training, processes, procedures, recipes, formulas, manuals, logos, designs, trademarks, trade names, and other proprietary information. Franchisees must not disclose information obtained through training or materials to any third party, except to employees directly involved in restaurant operations. Franchisees must prevent any other use of this information and proprietary marks. Franchisees also agree not to sell food or drink products prepared using Bojangles' procedures, processes, techniques, recipes, or formulas at any other location besides the franchised restaurant.
Failure to comply with these confidentiality requirements will cause irreparable injury to Bojangles. Franchisees are responsible for covering all court costs and reasonable attorney's fees incurred by Bojangles in obtaining specific performance or an injunction against any violation of these requirements. Furthermore, the Designated Operator, who is responsible for the supervision and conduct of the franchised business, must execute a Confidentiality Agreement in the form required by Bojangles.