What constitutes confidential information for a Brueggers Bagels franchisee under the franchise agreement?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
You may gain access to confidential information and trade secrets of BFC and its affiliates as a result of investing in Licensee.
You agree that while you have a legal or beneficial ownership interest in Licensee and thereafter, you: (a) will not use the confidential information in any other business or capacity (such use being an unfair method of competition); (b) will exert best efforts to maintain the confidentiality of the confidential information; and (c) will not make unauthorized copies of any portion of the confidential information disclosed in written, electronic or other form.
If you cease to have an interest in Licensee, you must deliver to BFC any such confidential information in your possession or control.
10.1.2. Cease to use the confidential methods, procedures, and techniques associated with the System, the "Bruegger's" and "Bruegger's Bagels" names and marks, all other Proprietary Marks, the Works, and all other distinctive forms, slogans, signs, symbols, Web sites, domain names, email addresses, other electronic identifiers, and devices associated with the System; withdraw all advertising matter (including electronic marketing); and except as provided in Section 10.2 below not thereafter, directly or indirectly, represent yourself to the public or hold yourself out as a present or former franchisee of ours;
10.1.3. Deliver to us the Manuals and all other records, correspondence, and instructions in your possession or control, in any medium, that contain confidential information, trade secrets, or know-how relating to the System or the operation of a Bakery, all of which you acknowledge to be our property;
10.1.4. Take such action as may be necessary to cancel any assumed name registration or equivalent registration, and any e-mail address or domain name registration, obtained by you which contains "Bruegger's" or any other Proprietary Marks, and furnish evidence satisfactory to us of compliance with this obligation within five (5) days after termination or expiration of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to the 2025 Brueggers Bagels Franchise Disclosure Document, franchisees may gain access to confidential information and trade secrets of BFC (Bruegger's Franchise Corporation) and its affiliates as a result of investing in the franchise. Franchisees agree not to use this confidential information in any other business or capacity, as such use would be considered an unfair method of competition. They must also exert their best efforts to maintain the confidentiality of this information and avoid making unauthorized copies of any confidential information disclosed in written, electronic, or other forms. If a franchisee ceases to have an interest in the Brueggers Bagels franchise, they must deliver to BFC any such confidential information in their possession or control.
Upon termination or expiration of the Franchise Agreement, franchisees must cease using confidential methods, procedures, and techniques associated with the Brueggers Bagels system. This includes the "Bruegger's" and "Bruegger's Bagels" names and marks, all other Proprietary Marks, the Works, and all other distinctive forms, slogans, signs, symbols, websites, domain names, email addresses, other electronic identifiers, and devices associated with the System. Franchisees must also withdraw all advertising matter, including electronic marketing, and not represent themselves as a present or former franchisee, except as otherwise provided in the agreement.
Furthermore, franchisees must deliver to Brueggers Bagels the Manuals and all other records, correspondence, and instructions in their possession or control, in any medium, that contain confidential information, trade secrets, or know-how relating to the System or the operation of a Bakery. All of these materials are acknowledged to be the property of Brueggers Bagels. Franchisees must also take necessary actions to cancel any assumed name registration or equivalent registration, and any e-mail address or domain name registration, obtained by them which contains "Bruegger's" or any other Proprietary Marks, providing evidence of compliance within five days after termination or expiration of the agreement.