What is a franchisee's obligation regarding the confidentiality of the Bombs Away Brand Standards Manual?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
"Manual" means Bombs Away Franchising's confidential Brand Standards Manual(s), including any supplements, additions, or revisions from time to time, which may be in any form or media.
- 14.3 Effect of Termination. Upon termination or expiration of this Agreement, all obligations that by their terms or by reasonable implication survive termination, including those pertaining to
non-competition, confidentiality, indemnity, and dispute resolution, will remain in effect, and Franchisee must immediately:
- (ii) return to Bombs Away Franchising all copies of the Manual, Confidential Information and any and all other materials provided by Bombs Away Franchising to Franchisee or created by a third party for Franchisee relating to the operation of the Business, and all items containing any Marks, copyrights, and other proprietary items; and delete all Confidential Information and proprietary materials from electronic devices;
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 25–26)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, the Brand Standards Manual is considered confidential. The FDD defines the "Manual" as Bombs Away Franchising's confidential Brand Standards Manual(s), including any supplements, additions, or revisions from time to time, which may be in any form or media.
Upon termination or expiration of the Franchise Agreement, the franchisee must return to Bombs Away all copies of the Manual, Confidential Information and any and all other materials provided by Bombs Away Franchising to Franchisee or created by a third party for Franchisee relating to the operation of the Business, and all items containing any Marks, copyrights, and other proprietary items; and delete all Confidential Information and proprietary materials from electronic devices.
This obligation to protect the confidentiality of the Manual extends beyond the term of the franchise agreement. This is a common practice in franchising, as the Brand Standards Manual contains proprietary information critical to maintaining brand consistency and operational standards within the Bombs Away system. Franchisees should understand that they are entrusted with this information and must take appropriate measures to safeguard it, both during and after their franchise term.