Does the Bonchon confidentiality agreement cover information that becomes public through no fault of my own?

According to Bonchon's 2025 Franchise Disclosure Document, the confidentiality agreement does not apply to information that becomes part of the public domain through no action of your own. The agreement specifies that you are not restricted from using or disclosing information that you can demonstrate was already known to you before Bonchon disclosed it, or information that becomes publicly available through publication or communication by others after Bonchon's disclosure. However, this exception does not apply if the information became public due to any action on your part.

This means that as a Bonchon franchisee, you are obligated to protect confidential information about the Bonchon system, but you are not liable for information that enters the public domain through other means. This protects you from being penalized for information leaks that are outside of your control. However, it is crucial to understand that you have the burden of proof to demonstrate that the information was either already known to you or became public through no fault of your own.

Bonchon considers a wide array of information to be confidential, including but not limited to: all elements of the Bonchon System; products, services, equipment, technologies, recipes, food and beverage preparation techniques, policies, standards, requirements, criteria and procedures; manuals; specifications; sources of supply; procedures, systems, techniques and activities employed in the offer and sale of products and/or services; pricing paradigms; and sources of supply. This broad definition underscores the importance of carefully managing and protecting the information you receive as a franchisee.