Does the Bonchon confidentiality agreement apply to information I can demonstrate came to my attention before it was disclosed to me?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
Confidential Information will not, however, include information which you can demonstrate came to your attention before we disclosed it to you (unless illegally or improperly procured by you before our disclosure) or which, at or after the time of disclosure, has become a part of the public domain through publication or communication by others, but not through any act of yours.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, the confidentiality agreement does not apply to information that a franchisee can demonstrate was already known to them before Bonchon disclosed it, unless that information was illegally or improperly obtained. Additionally, information that becomes public knowledge through no fault of the franchisee after disclosure is also excluded from the confidentiality agreement.
Bonchon defines 'Confidential Information' broadly, encompassing all aspects of the Bonchon System, including but not limited to: products, services, equipment, technologies, recipes, preparation techniques, manuals, specifications, supply sources, pricing, and customer information. This extends to any information Bonchon designates as confidential, both now and in the future. The agreement restricts franchisees from divulging or using this confidential information for their own benefit or the benefit of any third party, both during and after the term of the franchise agreement.
This exception to the confidentiality requirement is fairly standard in franchising. It protects franchisees from being penalized for already possessing general knowledge or information that later becomes part of the franchisor's confidential system. However, the burden of proof rests on the franchisee to demonstrate that they had prior knowledge of the information. It is important to note that if the franchisee illegally or improperly procured the information before Bonchon's disclosure, it will still be considered confidential.