What is excluded from the definition of 'Confidential Information' in the Buona agreement?

According to Buona's 2025 Franchise Disclosure Document, the definition of 'Confidential Information' has some exceptions. This means that certain types of information are not subject to the confidentiality restrictions outlined in the franchise agreement.

Specifically, information, processes, or techniques that are generally known and used in the food and restaurant industry are excluded, provided that the franchisee's own disclosure did not make the information generally available. Additionally, information that must be disclosed in legal proceedings is also excluded, as long as Buona is given the opportunity to obtain a protective order or another assurance that the information will be treated confidentially.

For a prospective Buona franchisee, this means that they are not obligated to keep information confidential if it is already common knowledge in the restaurant industry or if a court orders them to disclose it. However, it is important to note that the franchisee has the burden of demonstrating that the information falls within one of these exceptions. Furthermore, in the case of legally required disclosure, the franchisee must first notify Buona and allow them to seek a protective order to maintain confidentiality to the greatest extent possible.