Under the Bojangles franchise agreement, what constitutes 'representatives' of a party in relation to Confidential Information?

According to Bojangles' 2025 Franchise Disclosure Document, the term "representatives" of a party, in the context of the franchise agreement, is broadly defined. This definition is crucial because it extends the confidentiality obligations beyond just the franchisee to a wide range of individuals and entities associated with them.

Specifically, the term includes the directors, officers, employees, shareholders or other securities holders, partners, members, trustees, agents, lenders, advisors, subsidiaries, and other foreign and domestic affiliates and/or related entities of a party. This comprehensive list ensures that all individuals and organizations with access to Bojangles' confidential information are bound by the confidentiality agreement. This prevents leaks or misuse of sensitive data that could harm the Bojangles brand and its business operations.

For a prospective Bojangles franchisee, this means they are responsible for ensuring that all these "representatives" understand and adhere to the confidentiality obligations. This includes implementing appropriate safeguards to prevent unauthorized disclosure of confidential information by any of these parties. The franchisee should also be aware that they could be held liable for breaches of confidentiality committed by their representatives.