What must a franchisee surrender to Bonchon immediately upon termination regarding computer software and data?
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.
Immediately surrender to us all computer software, data storage disks or tapes and other electronic media used in the operation of the franchised Business, printouts, and other information pertaining to computer operations, codes, procedures and programming.
You agree not to destroy, damage, hide or take any steps to prevent us from obtaining any information which you had stored in the computer system of the franchised Business.
You agree not to retain any printouts, disks, tapes or other electronic media containing any of the programs or data stored in the computer systems.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, upon termination of the Franchise Agreement, a franchisee must immediately surrender all computer software and data related to the Bonchon business. This includes data storage disks or tapes and other electronic media used in the operation of the franchised business, printouts, and other information pertaining to computer operations, codes, procedures, and programming.
Bonchon also requires franchisees to not destroy, damage, hide, or take any steps to prevent Bonchon from obtaining any information stored in the computer system of the franchised business. Furthermore, franchisees must not retain any printouts, disks, tapes, or other electronic media containing any of the programs or data stored in the computer systems.
In addition to the above, the franchisee must also deliver to Bonchon all training or other manuals furnished to them (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 their possession which relate to the operation of the franchised Business. The franchisee may retain no copy or record of any of these items, except for their copy of the Franchise Agreement, any correspondence between the parties and any other documents which they reasonably need for compliance with any provision of law. Bonchon considers these items to be their property for all purposes.
This requirement ensures that Bonchon maintains control over its proprietary information and operational systems after a franchise agreement ends. It is a fairly standard practice in franchising to protect the brand's intellectual property and ensure consistency across all franchise locations.