Under what circumstances can a Carbones Pizzeria franchisee disclose Confidential Information?
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 can only disclose Confidential Information when it is necessary for the proper operation of the franchise. This means that the franchisee can share information with their employees, but only to the extent that the employees need to know the information to perform their job functions.
Prior to revealing any part of the Secret Recipes to any employee or owner, the Carbones Pizzeria franchisee must obtain a signed agreement from that employee or owner, in a form acceptable to Carbones Pizzeria, where the employee or owner agrees to maintain the secrecy of the Secret Recipes.
The Carbones Pizzeria franchisee agrees to keep all Confidential Information disclosed by Carbones Pizzeria 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. The franchisee also agrees not to attempt to change the Secret Recipes in any fashion.
Unauthorized disclosure of the Secret Recipes will cause irreparable harm to Carbones Pizzeria, and Carbones Pizzeria may seek injunctive relief against the franchisee and any of the franchisee's owners, officers, directors, shareholders, partners, joint venturers, affiliates, agents, employees, or former agents or employees to prevent such irreparable damages.