According to the Buona agreement, what are some examples of Confidential Information?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
For purposes of this Agreement, the term "Confidential Information" means information relating to Franchisor or the System that is not generally available to the public, including the Manuals, operational standards, specifications, procedures and methods, recipes and food and
preparation methods, prepared mixes, products, supplies, equipment, marketing, advertising and promotional material and methods, and accounting systems, and all other information and know-how relating to the methods of developing, operating and marketing the Franchised Business and the System. Further, Confidential Information shall include all customer information, lists, data and records of the Franchised Business. Confidential Information does not include information Franchisee can demonstrate came to Franchisee's attention through legal methods other than by disclosure by Franchisor, or which, at the time of disclosure thereof by Franchisor to Franchisee, had become a part of the public domain, through publication or communication by others; or which, after disclosure to Franchisee by Franchisor, becomes a part of the public domain, through publication or communication by others.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, Confidential Information includes details about the franchise's operations and system that are not public knowledge. This covers a wide array of proprietary assets that are crucial to Buona's brand and business model.
Examples of Confidential Information include the Buona's Manuals, operational standards, specifications, procedures and methods, recipes and food and preparation methods, prepared mixes, products, supplies, equipment, marketing, advertising and promotional material and methods, and accounting systems. It also encompasses all other information and know-how related to developing, operating, and marketing the Buona Restaurant and the System. This definition ensures that all aspects of Buona's unique business practices and strategies are protected.
However, information that the franchisee can prove was already known to them through legal means, or that was already in the public domain before being disclosed by Buona, is not considered Confidential Information. Similarly, if information becomes public knowledge after Buona discloses it, it also loses its confidential status. This exception acknowledges that not all information can or should be kept secret indefinitely, especially if it becomes widely known through legitimate channels. Franchisees must protect this information both during the term of their agreement and after its expiration or termination.