Does the Bonchon confidentiality agreement cover advertising and promotional materials?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
I specifically understand that, without limitation, the following constitute Confidential Information of Franchisor: all products, services, equipment, technologies and procedures relating to the Bonchon System; all systems of operation, services, programs, products, procedures, policies, standards, techniques, specifications and criteria which now comprise or in the future may comprise a part of the Bonchon System; Franchisor's Confidential Operating Manual (as same may be amended from time to time); Supplements and/or amendments to the Manual; records pertaining to customers or billings; methods of advertising and promotion; customers; instructional materials; staff composition and organization systems; quality assurance programs; supervision systems; recommended services; recordkeeping systems and materials; bookkeeping systems and materials; business forms; product and service order forms; general operations materials; revenue reports; standards of interior and exterior design and decor; activity schedules; job descriptions; advertising, promotional and public relations materials/campaigns/guidelines/philosophy; specifications, systems, standards, techniques, philosophies and materials, guidelines, policies and procedures concerning the Bonchon System; additions to, deletions from, and modifications and variations of the components constituting the Bonchon System or the systems and methods of operations which are now, or may in the future, be employed by Franchisor, including all standards and specifications relating thereto and the means and manner of offering and selling same; and, all other components, specifications, standards, requirements and duties imposed by Franchisor or its Affiliates.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, the confidentiality agreement explicitly includes advertising and promotional materials. Bonchon considers a wide array of items as confidential information, including methods of advertising and promotion, advertising, promotional and public relations materials/campaigns/guidelines/philosophy. This means that franchisees must treat all information related to Bonchon's advertising and promotional strategies as confidential.
This has significant implications for a prospective Bonchon franchisee. They are prohibited from sharing Bonchon's advertising strategies, promotional materials, or public relations campaigns with anyone outside of the franchise system. This restriction applies not only during the term of the franchise agreement but also after the agreement expires or terminates. The franchisee also cannot use this information for their own benefit or to aid a third party in replicating Bonchon's advertising or promotional efforts.
The FDD states that franchisees must deliver to Bonchon all advertising and promotional material upon termination of the franchise agreement. The franchisee cannot retain copies of these materials, reinforcing the confidential nature of these items. This is a standard practice in franchising, as franchisors need to protect their brand identity and marketing strategies.
In practical terms, a Bonchon franchisee needs to be extremely careful about how they handle any information related to advertising and promotion. They should avoid discussing these topics in public forums, sharing materials with unauthorized individuals, or using Bonchon's strategies for any other business ventures. Failure to comply with these confidentiality requirements could result in legal action from Bonchon.