What materials containing Burros Fries Trade Secrets must be surrendered upon termination of the Franchise Agreement?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee further agrees that, upon termination or expiration of this Agreement, Franchisee shall immediately and permanently cease to use, by advertising, or any manner whatsoever, any Confidential Information, methods, trade secrets, procedures, descriptions of Products and Services associated with us and the Names and Marks and any proprietary marks and distinctive forms, slogans, symbols, signage, logos or devices associated with the System. In particular, Franchisee shall cease to use, without limitation, all signage (this includes vehicles with graphics, if applicable), advertising materials, menus, stationery, forms and any other articles, which display the Names and Marks. Franchisee shall make or cause to be made, at its expense, changes directed by us in signage, vehicles (if applicable), building and structures so as to effectively distinguish the surviving business entity, if any, from itsformer appearance and from other existing Burros & Fries Businesses. Franchisee shall comply with the covenant not to compete and the agreement to maintain the confidentiality of proprietary information, as well as return all information that is considered to be Confidential Information under the terms and conditions of this Agreement back to us.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, upon termination or expiration of the Franchise Agreement, a franchisee must cease using any Confidential Information, methods, trade secrets, procedures, and descriptions of Products and Services associated with Burros Fries. This includes refraining from using the Names and Marks, proprietary marks, distinctive forms, slogans, symbols, signage, logos, or devices associated with the Burros Fries system.
Specifically, the franchisee must discontinue the use of all signage (including vehicle graphics), advertising materials, menus, stationery, forms, and any other items displaying the Names and Marks. The franchisee is responsible for making changes to signage, vehicles, buildings, and structures to differentiate the surviving business entity from its former appearance and from other Burros Fries businesses.
Furthermore, the franchisee is obligated to comply with the covenant not to compete and maintain the confidentiality of proprietary information. All information considered Confidential Information under the terms and conditions of the Franchise Agreement must be returned to Burros Fries. This ensures that the trade secrets and proprietary information developed and utilized by Burros Fries remain protected, even after the franchise relationship ends.