What happens if a Carbones Pizzeria franchisee breaches the section regarding secret recipes?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Carbones Pizzeria's 2025 Franchise Disclosure Document, if a franchisee breaches the section regarding secret recipes, Carbones Pizzeria will be damaged in a way that is difficult to calculate. The franchisee acknowledges that unauthorized disclosure of the Secret Recipes will cause irreparable harm to Carbones Pizzeria.
To prevent these irreparable damages, Carbones Pizzeria may seek injunctive relief from a court. This injunctive relief can be directed against the franchisee and any of the franchisee's owners, officers, directors, shareholders, partners, joint venturers, affiliates, agents, employees, or former agents or employees.
This means that Carbones Pizzeria can take legal action to prevent the franchisee (or anyone associated with them) from further disclosing or using the secret recipes. This is a common practice in franchising to protect the franchisor's intellectual property and competitive advantage.