Does the Bonchon confidentiality agreement cover information designated as confidential by the officers of the entities mentioned?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree that you will not, during the Term of this Agreement or thereafter, divulge to or use for the benefit of any other person(s), partnership, proprietorship, association, corporation or entity, any confidential information, knowledge or know-how concerning your or our systems of operation, programs, services, products, customers or practices and/or pertaining to the Bonchon System which may be communicated to you. Any and all information, knowledge, know-how, techniques and information which we, our affiliates, or their respective officers, designate as confidential will be deemed confidential for the purposes of this Agreement, except information which you can demonstrate came to your attention before our disclosure or which, at or after the time of our disclosure to you, has become a part of the public domain through publication or communication by others.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, the confidentiality agreement extends to information that Bonchon, its affiliates, or their respective officers designate as confidential. This means that any information, knowledge, know-how, techniques, and data that these parties mark as confidential is considered confidential under the franchise agreement. The only exceptions are if the franchisee can prove they had the information before Bonchon disclosed it, or if the information has become public knowledge through no fault of the franchisee.
This provision ensures that Bonchon can protect its proprietary information and trade secrets. It prevents franchisees from divulging sensitive information about the Bonchon system to competitors or using it for their own benefit. This protection extends both during the term of the franchise agreement and even after it ends.
For a prospective Bonchon franchisee, this means they must treat any information designated as confidential by Bonchon or its officers with utmost care. They should avoid sharing such information with anyone outside of their immediate staff and should take steps to secure confidential documents and data. Failure to comply with this provision could result in legal action or termination of the franchise agreement. Franchisees should carefully review the definition of "Confidential Information" in the Franchise Agreement to fully understand their obligations.