Is a Brueggers Bagels franchisee allowed to reproduce any portion of the confidential information?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
You must maintain strict secrecy of the recipes and manufacturing processes, the Manuals, our training materials, our approved suppliers and supply arrangements, advertising and promotional plans, sales performance, financial records, and other information and materials that we designate as confidential. You may not reproduce any portion of the confidential information or make it available to any unauthorized person. You may reveal confidential information only to those of your employees who must have access to it in order to operate the Bakery, and to your contractors and landlord with our prior written approval. The Manuals and all other confidential materials remain our and our affiliates' property. You must keep the Manuals in a secure place on the Premises of the Bakery or if held electronically, in a secure and protected system. You must promptly tell us when you learn about unauthorized copying or use of any confidential information or the Works. We have no obligation to take any action, but we will respond to this information as we think appropriate.
At our request, you must require your employees, landlord, contractors, and any other person to whom you wish to disclose any of our confidential information to agree in writing not to disclose that information to others or to use it for their own benefit. We must approve these agreements.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 47–48)
What This Means (2025 FDD)
According to the 2025 FDD, a Brueggers Bagels franchisee is generally prohibited from reproducing any portion of the confidential information provided to them. The FDD specifies that franchisees must maintain strict secrecy regarding recipes, manufacturing processes, manuals, training materials, approved suppliers, supply arrangements, advertising and promotional plans, sales performance, financial records, and any other information designated as confidential by Brueggers Bagels.
The FDD explicitly states that franchisees "may not reproduce any portion of the confidential information or make it available to any unauthorized person." However, there are limited exceptions. Franchisees may reveal confidential information to employees who need access to it to operate the Bakery, as well as to contractors and landlords, but only with prior written approval from Brueggers Bagels.
Furthermore, Brueggers Bagels can request that franchisees require their employees, landlords, contractors, and any other individuals who may receive confidential information to agree in writing not to disclose the information or use it for their own benefit. These agreements must be approved by Brueggers Bagels. This ensures that the franchisor maintains control over its proprietary information and trade secrets, which is a common practice in franchising to protect the brand and system standards.