Can a Burros Fries franchisee deviate from the prescribed standards without prior consent?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
modifications to the restaurant must first be approved by us and are Franchisee's sole responsibility and expense.
D. Maintain Confidentiality of Proprietary Information
Neither Franchisee nor any of its Owners if you are an Entity, officers, directors, agents, employees or independent contractors, except as required in the performance of the duties contemplated by this Agreement, may disclose or use at any time, whether during the term of this Agreement or thereafter, any confidential and proprietary information disclosed to or known by Franchisee or any such person as a result of this Agreement. Such information, includes, but shall not be limited to our confidential matters and trade secrets such as our: strategies for site acquisition, build-out, design and décor specifications; distinctive Products, Services, proprietary recipes, sauces and home-made ice cream; specific food preparation techniques, methods, procedures including standards; specifications and purchasing strategies for all products, supplies and kitchen equipment; inventory management systems, vendors and supplier relationships, cost and pricing strategies, retail center setup, merchandising strategies, procedures for cleanliness, safety, sanitation and quality control; software, service methods and techniques, operational procedures, service standards, employee hiring, training and retention programs; menus, photographs of food, sales, advertising, marketing and promotional materials; forms, contracts, record keeping, reporting procedures and accounting methods, proprietary information conceived, originated, discovered, or developed by Franchisee or by any employee of Franchisee which is not generally known in the trade or industry about our Products or Services, including information relating to discoveries, ideas, production, purchasing, accounting, engineering, website development and design, marketing, merchandising or selling of Products and Services (collectively referred to as "Confidential Information" and further defined in Section 16.A of this Agreement).
Franchisee further acknowledges that the Confidential Information was unknown to Franchisee prior to negotiation for and execution of this Agreement and that the unique and novel combination of "know how," methods, processes and techniques developed by us and licensed to Franchisee for the operation of a Burros & Fries Business are particular to the food service industry conducted by your Business. Franchisee agrees to take all steps necessary, at Franchisee's expense, to protect the Confidential Information and shall not release it to any person that does not have a need to know, including employees,
agents and independent contractors, either during the term or after the termination or expiration of this Agreement without our prior written consent.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, franchisees are generally required to adhere to the franchisor's standards and procedures, and deviating from them typically requires prior written consent. Specifically, franchisees must protect the confidentiality of Burros Fries' proprietary information, which includes specific food preparation techniques, methods, and procedures, including standards. Franchisees must take necessary steps to protect this confidential information and not release it to anyone without prior written consent from Burros Fries. This extends to various aspects of the business, such as site acquisition strategies, product specifications, and operational procedures.
Burros Fries emphasizes the importance of maintaining uniformity and quality across all franchise locations. The agreement specifies that franchisees must not use or divulge any confidential information, including operating procedures, food preparation methods, and cost and pricing strategies, without prior written consent. This requirement ensures that franchisees operate their businesses according to the franchisor's established standards, preserving brand consistency and customer expectations.
Franchisees are also obligated to comply with all applicable federal, state, and local laws and regulations governing the operation of their Burros Fries business. This includes securing and maintaining all required licenses, permits, and certificates. While franchisees have some ability to customize their web page, they must obtain approval from Burros Fries, and the overall look must remain consistent with the Operations Manual. This requirement ensures that the brand's online presence remains uniform and aligned with the franchisor's standards.