Under the Buns On Fire Franchise Agreement, to whom can I disclose Confidential Information?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
Under the Franchise Agreement, we will disclose to you parts of the Confidential Information as are required for the development and operation of the Franchise Business during training and in the course of any guidance or assistance furnished to you. You may learn or otherwise obtain from us additional Confidential Information during the term of the Franchise Agreement. You must agree to disclose the Confidential Information to your Stakeholders and employees only to the extent permitted by the Franchise Agreement.
You must acknowledge and agree that the Confidential Information is confidential to and a valuable asset of us and our affiliates, is proprietary, includes trade secrets of us and our affiliates and is disclosed to you on the condition that you agree that during and after the term of the applicable agreement you: (1) will not use the Confidential Information in any other business or capacity; (2) will maintain the absolute confidentiality of the Confidential Information; (3) will not make unauthorized copies of any portion of the Confidential Information disclosed in written or other tangible form; (4) will adopt and implement all reasonable procedures we prescribe to prevent unauthorized use or disclosure of the Confidential Information; and (5) will require all Stakeholders, spouses of Stakeholders, and all employees who have access to the Confidential Information to sign Confidentiality, Non-Competition, and Non-Solicitation Agreements in the form we approve and provide us, at our request, with signed copies of each agreement. Nothing contained in the Franchise Agreement will be construed to prohibit you from using the Confidential Information in connection with the operation of other Franchise Businesses according to a Franchise Agreement or other Agreements with us.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 37–39)
What This Means (2025 FDD)
According to the 2025 Buns On Fire Franchise Disclosure Document, franchisees are permitted to disclose Confidential Information to specific parties under certain conditions. Buns On Fire will disclose Confidential Information required for the development and operation of the franchise during training and ongoing assistance. As a franchisee, you are allowed to disclose Confidential Information to your Stakeholders and employees, but only to the extent permitted by the Franchise Agreement.
Buns On Fire requires that all Stakeholders, their spouses, and all employees who have access to Confidential Information sign Confidentiality, Non-Competition, and Non-Solicitation Agreements. These agreements must be in a form approved by Buns On Fire, and you must provide signed copies to Buns On Fire upon their request. This ensures that all parties with access to sensitive information are legally bound to protect it.
There are exceptions to these restrictions if you obtain prior written consent from Buns On Fire. Additionally, disclosure of Confidential Information is permitted in judicial or administrative proceedings if legally compelled, provided that you notify Buns On Fire beforehand and make your best effort to obtain a protective order to ensure confidential treatment of the information. These measures are typical in franchising to protect the franchisor's proprietary information while allowing franchisees to operate their businesses effectively.