What is my obligation regarding confidential information if I become aware of it before my association with Bonchon?
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, if a prospective franchisee can demonstrate that certain confidential information came to their attention before Bonchon disclosed it to them, then that information will not be considered confidential, unless it was illegally or improperly procured. This means that Bonchon does not consider information already known to you (through legitimate means) as confidential.
However, this exception does not apply if the information was obtained illegally or improperly. For example, if you gained knowledge of Bonchon's confidential recipes through unauthorized access to their systems, this information would still be considered confidential, even if you knew it before signing the franchise agreement. The burden of proof rests on the franchisee to demonstrate that the information was already in their possession through legitimate channels before disclosure by Bonchon.
This clause protects Bonchon's trade secrets and proprietary information while also acknowledging that franchisees may have pre-existing knowledge. It is important for prospective franchisees to document any relevant information they possess before engaging with Bonchon to avoid future disputes about confidentiality. Franchisees should seek legal counsel to ensure they understand their rights and obligations regarding confidential information, especially if they have prior experience in the restaurant industry.