What actions are explicitly prohibited regarding Checkers' confidential information, such as copying or duplicating?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
I specifically understand that, without limitation, all the above items, concepts, and/or examples contained in the preceding paragraph constitute Confidential Information of Franchisor, and I will not divert any business to competitors of Franchisee and/or Franchisor. I will at no time copy, duplicate, record or otherwise reproduce any of the Confidential Information or material containing it, in whole or in part, store them in a computer retrieval or database, nor otherwise make the them available to any unauthorized person.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from certain actions regarding the company's confidential information. Franchisees cannot copy, duplicate, record, or otherwise reproduce any of the confidential information or material containing it, whether in whole or in part. They are also barred from storing such information in a computer retrieval system or database.
Furthermore, franchisees are prohibited from making the confidential information available to any unauthorized person. This restriction applies both during the term of their association with Checkers and afterward. The FDD emphasizes that such prohibited use of confidential information would be considered an unfair method of competition.
To safeguard Checkers' confidential information, franchisees must exert their best efforts to maintain its confidentiality, regardless of the format or medium in which it was transmitted. They are also required to implement commercially reasonable procedures to prevent unauthorized use or disclosure, including having personnel who access confidential information sign nondisclosure agreements. Upon termination of the franchise agreement, franchisees must immediately cease using all confidential information and return all copies of the operations manual and any other confidential materials to Checkers.