Can a Carbones Pizzeria franchisee divulge confidential information to any person?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
- c. Franchisee further agrees that at no time shall it or any of its owners or employees, use any Confidential Information (as defined below) directly or indirectly, except as necessary for the proper operation of the Franchise pursuant to this Agreement. For the
- acceptable to Franchisor, whereby that employee or owner shall agree to maintain the secrecy of the Secret Recipes.
- b. Franchisee shall not attempt to change the Secret Recipes in any fashion, and Franchisee agrees to keep all Confidential Information disclosed by Franchisor to Franchisee hereunder secret and shall not divulge, discuss or reveal information to any person except as is necessary to disclose such information to employees in the course of their employment.
- c. Franchisee acknowledges and agrees that any breach of this Section 10 will damage Franchisor in a manner which will not be readily susceptible to calculation; accordingly, Franchisee agrees that the unauthorized disclosure of the Secret Recipes will cause Franchisor irreparable harm and that accordingly injunctive relief (directed against Franchisee and any of Franchisee's owners, officers, directors, shareholders, partners, joint venturers, affiliates, agents, employees, or former agents or employees) may be sought by Franchisor to prevent such irreparable damages.
Source: Item 23 — RECEIPTS (FDD pages 30–116)
What This Means (2025 FDD)
According to the 2025 Carbones Pizzeria Franchise Disclosure Document, a franchisee is restricted from divulging confidential information to any person, except under specific circumstances. The franchisee can only disclose information to employees when it is necessary for them to perform their job functions properly.
Carbones Pizzeria requires franchisees to ensure that employees or owners who are privy to secret recipes sign an agreement to maintain the secrecy of these recipes. Furthermore, franchisees must not attempt to alter the secret recipes in any way. All copies of the secret recipes must be kept secure and accessible only to restaurant managers or owners when not in use.
The FDD specifies that any breach of these confidentiality obligations will cause irreparable harm to Carbones Pizzeria, entitling them to seek injunctive relief against the franchisee and related parties to prevent further unauthorized disclosure. This underscores the importance Carbones Pizzeria places on protecting its trade secrets and confidential information, and the potential legal ramifications for franchisees who fail to comply with these requirements.