Does the Checkers agreement specify any examples of confidential information?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
"Confidential Information" – Our proprietary and confidential information relating to the development and operation of Restaurants, including: (1) ingredients, recipes, and methods of preparation and presentation of food products we authorize; (2) site selection criteria for Restaurants and plans and specifications for the development of Restaurants; (3) sales, marketing and advertising programs and techniques for Restaurants; (4) identity of suppliers, and knowledge of specifications and pricing for food products, materials, supplies and equipment, we authorize; (5) knowledge of operating results and financial performance of Restaurants, other than the Franchised Restaurant and other Restaurants you own; (6) methods of inventory control, storage,
product handling, training and management relating to Restaurants; (7) computer systems and software programs; and (8) any and all other information we provide you, your Owners or Affiliates that is designated orally or in writing as proprietary or confidential, or by its nature would reasonably be understood to be proprietary or confidential, regardless of whether such information is specifically designated as proprietary or confidential.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to Checkers' 2025 Franchise Disclosure Document, the franchise agreement outlines specific examples of what constitutes confidential information. This includes proprietary information relating to the development and operation of Checkers restaurants.
Examples of confidential information include ingredients, recipes, and methods of food preparation; site selection criteria and restaurant development plans; sales, marketing, and advertising programs; supplier identities and pricing information; operating results and financial performance of restaurants (excluding the franchisee's own); inventory control methods, storage, product handling, training, and management techniques; and computer systems and software programs. The agreement also covers any other information Checkers provides that is designated as proprietary or confidential, whether communicated orally or in writing, or that would reasonably be understood as such.
This broad definition means a Checkers franchisee must protect a wide array of information, and it highlights the importance Checkers places on maintaining the confidentiality of its operational methods and business strategies. Franchisees are responsible for ensuring that this information is not disclosed or used for any purpose other than operating their franchised restaurant. This obligation extends both during the term of the franchise agreement and even after its termination.