What must I do with Bonchon's Confidential Information upon termination of my relationship with the franchisee or franchisor?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
Immediately deliver to us all training or other manuals furnished to you (including the Manuals and Supplements to the Manuals), all Confidential Information, computer software and database material, customer lists, records and files, documents, instructions, form, display items, advertising and promotional material, any and all materials, signs and related items which bear our Proprietary Marks or slogans or insignias or designs, advertising contracts, forms and other materials or property of ours, and any copies of them in your possession which relate to the operation of the franchised Business.
You may retain no copy or record of any of these items, except for your copy of this Agreement, any correspondence between the parties and any other documents which you reasonably need for compliance with any provision of law.
You agree that the foregoing items, materials, lists, files, software and other similar items will be considered to be our property for all purposes.
Immediately execute all agreements necessary to effectuate the termination in a prompt and timely manner.
Cease using the telephone numbers listed in the Yellow Pages and White Pages of any telephone directories under the name "Bonchon" or any other confusingly similar name or, upon our written demand, direct the telephone company to transfer the telephone numbers listed for the franchised Bonchon Business in the Yellow Pages and White Pages to us or to any other person and location that we direct.
If you do not promptly direct the telephone company to do so, you irrevocably appoint us as your attorney-in-fact to direct the telephone company to do so.
Strictly comply with the post-termination/post-expiration covenants not to compete set forth in Article 12 of this Agreement (including those restricting your ability to sell, assign, lease or otherwise grant possessory rights to your Restaurant and/or Restaurant Location to a party intending to conduct a Competitive Business thereat).
Continue to abide by those restrictions pertaining to the use of our Confidential Information, trade secrets and know-how set forth in Article 12 of this Agreement.
Immediately refrain from engaging in any contacts with customers, suppliers, employees and vendors of the Bonchon Business.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, upon the expiration or termination of your agreement, you are obligated to handle Bonchon's confidential information in a specific manner. You must immediately deliver to Bonchon all training or other manuals furnished to you, including the Manuals and Supplements to the Manuals, all Confidential Information, computer software and database material, customer lists, records and files, documents, instructions, form, display items, advertising and promotional material, any and all materials, signs and related items which bear Bonchon's Proprietary Marks or slogans or insignias or designs, advertising contracts, forms and other materials or property of Bonchon, and any copies of them in your possession which relate to the operation of the franchised Business.
Furthermore, you are not allowed to retain any copies or records of these items, except for your copy of the Franchise Agreement, any correspondence between you and Bonchon, and any other documents you reasonably need to comply with the law. You must also continue to abide by the restrictions pertaining to the use of Bonchon's Confidential Information, trade secrets, and know-how.
These stipulations are typical in franchise agreements to protect the franchisor's intellectual property and trade secrets. Failure to comply with these requirements could result in legal action, as violating the restrictions on the use of Confidential Information would result in immediate and irreparable injury to Bonchon and Franchisee for which no adequate remedy at law will be available.