factual

What security procedures must a Burros Fries franchisee follow regarding confidential information?

Burros_Fries Franchise · 2024 FDD

Answer from 2024 FDD Document

Franchisee must keep the methods of operations (confidential information found in our materials and other documents) and Operations Manuals confidential and not disclose them except to Franchisee's employees, agents and representatives, as they must have access to it in order to operate the Business. Franchisee must follow all our security procedures, which include the execution and delivery to us of


In addition, with respect to all credit card transactions and guest information obtained through credit card usage, Franchisee agrees to diligently comply with all laws and rules regarding such usage and Franchisee will protect the privacy of credit card users. Franchisee must be at all times in compliance with the Payment Card Industry Data Security Standards ("PCI Compliant"). Copies of any and all notices, inspection reports or other communication from any governmental entity with respect to the conduct your Business which indicates the Franchisee's failure to meet or maintain governmental standards, or less than substantial compliance by the Franchisee with any applicable law, rule or regulation, shall be forwarded to us within five (5) days of the Franchisee's receipt thereof. Franchisee agreesto indemnify us under Section 18 of this Agreement which includes any claims arising out of Franchisee's failure to perform its obligations as described above.


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 Burros Fries's 2024 Franchise Disclosure Document, franchisees must maintain the confidentiality of proprietary information, which includes strategies for site acquisition, build-out, design, décor, products, services, recipes, food preparation techniques, purchasing strategies, inventory management systems, vendor relationships, cost and pricing strategies, retail center setup, merchandising strategies, procedures for cleanliness, safety, sanitation, quality control, software, service methods, operational procedures, service standards, employee programs, menus, photographs of food, sales, advertising, marketing, promotional materials, forms, contracts, record keeping, reporting procedures, accounting methods, and any other proprietary information. This obligation extends both during the term of the Franchise Agreement and after its termination or expiration. Franchisees must take necessary steps to protect this information and not release it to anyone without prior written consent from Burros Fries.

Burros Fries franchisees must also diligently comply with all laws and rules regarding credit card transactions and guest information obtained through credit card usage, protecting the privacy of credit card users. Franchisees must maintain compliance with the Payment Card Industry Data Security Standards (PCI Compliant). They must forward copies of any notices, inspection reports, or other communication from any governmental entity indicating a failure to meet or maintain governmental standards to Burros Fries within five days of receipt.

These measures ensure that Burros Fries's trade secrets and operational methods are protected, maintaining a competitive advantage and consistent brand experience. Franchisees are responsible for implementing and enforcing these security procedures, bearing the costs associated with protecting confidential information. Failure to comply with these requirements could lead to legal repercussions and damage the Burros Fries brand.

Disclaimer: This information is extracted from the 2024 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.