factual

To whom may a Burger King franchisee divulge confidential information?

Burger_King Franchise · 2025 FDD

Answer from 2025 FDD Document

rations Training programs are hereinafter collectively referred to as "Training Programs"). BKC and the Franchisee Advisory Council shall periodically review the Training Programs and BKC will consult with the Franchisee Advisory Council prior to making any material changes to the Training Programs. Such programs may be in Miami, Florida or at such other locations as may be specified by BKC.

B. Charges and Costs

Franchisee shall be responsible for reasonable charges and costs of any sort associated with such training but not limited to all travel and living expenses, compensation of and worker's compensation insurance for the attendees enrolled in the training program, any other personal expenses, course materials, training facility charges, and training staff charges (if any).

6. LIMITATIONS OF FRANCHISE. Subsection 11.A.(1) of the Agreement is hereby deleted in its entirety and replaced with the following:

A. Trademarks, Trade Names, Service Marks and Trade Secrets

  • (1) Franchisee acknowledges that ownership of all right, title and interest to the BURGER KING System and the BURGER KING Marks, are and shall remain vested solely in BKC and Franchisee disclaims any right or interest therein or the good will derived therefrom. All good will associated with the BURGER KING Marks is the sole property of BKC. Franchisee agrees that all materials loaned or otherwise made available to it and all disclosures made to Franchisee and not to the general public by or at the direction of BKC or its predecessor at any time before or during the Term of this Agreement relating to the BURGER KING System, including the MOD Manual in its entirety, financial information marketing strategy and marketing programs are to be considered trade secrets of BKC for purposes of this Agreement and shall be kept confidential and used by Franchisee only in connection with the operation of the Franchised Restaurant and other franchised BURGER KING Restaurants. Franchisee agrees not to divulge any of the trade secrets to any person other than its employees and then only to the extent necessary for the operation of the Franchised Restaurant and, specifically, that Franchisee will not, nor permit anyone to, reproduce, copy or exhibit any portion of the MOD Manual or any other trade secrets of BKC. At BKC's request, Franchisee shall require each Owner and Managing Director to execute an agreement similar in substance to this Section in a form acceptable to BKC and naming BKC as a third party beneficiary with the independent right to enforce such agreement.
  • **7.

Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 77–78)

What This Means (2025 FDD)

According to Burger King's 2025 Franchise Disclosure Document, franchisees are permitted to share Burger King's trade secrets only with their own employees. This allowance is strictly limited to the extent necessary for the employees to operate the franchised restaurant.

Burger King emphasizes the importance of maintaining confidentiality, as the MOD Manual, financial information, marketing strategies, and marketing programs are considered trade secrets. Franchisees must ensure that these secrets are protected and used solely for the operation of their Burger King restaurant.

Notably, franchisees are explicitly prohibited from reproducing, copying, or exhibiting any portion of the MOD Manual or other trade secrets, except as required for their employees' operational duties. This restriction underscores the sensitivity of the information and Burger King's commitment to safeguarding its proprietary assets. Additionally, Burger King requires each Owner and Managing Director to execute an agreement to further protect their trade secrets.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.