Which sections of the Chick Fil A Franchise Agreement outline the franchisee's obligations regarding trademarks and proprietary information?
Chick_Fil_A Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 14: Patents, Copyrights, and Proprietary Information]
Chick-fil-A does not know of any superior prior rights or infringing uses that could materially affect your use of any CFA Properties patent and/or the inventions of patent applications.
Proprietary Information: As also described in Item 13, CFA Properties owns proprietary rights to, and has licensed to Chick-fil-A the right to use and to sublicense others to use, a number of the products that Chick-fil-A sells and the ingredients and preparation techniques and methods used in preparing them, as well as all development and research records, market research data and information contained in Chick-fil-A's operations and training manuals, or other materials or documents given to you by Chick-fil-A or treated by Chick-fil-A as confidential. Chick-fil-A's seasoning and seasoned coater are two of these primary proprietary items.
The Franchise Agreement requires you to acknowledge that you are likely to be given access to Chickfil-A's trade secrets, confidential information and other proprietary matters, that this information is proprietary and that its protection is necessary for the proficient and standardized operation of all Chick-fil-A Restaurants.
The Franchise Agreement further requires you to agree that you will not, during the time you are operating a Chick-fil-A Restaurant or at any time afterward, without the express prior written consent of Chickfil-A, publish or disclose to anyone or use other than as approved or required by Chick-fil-A, any of Chick-fil-A's confidential information that is a trade secret under the laws and decisions of the State of Georgia, or a trade secret of CFA Properties under the laws and decisions of the State of Delaware. You must also abide by the same covenant as to Chick-fil-A's other confidential information, but only during the term of your Franchise Agreement and for a period of two years following any expiration or termination of that Agreement.
Except for the license between CFA Properties and Chick-fil-A described above, no other agreement limits Chick-fil-A's right to use or sublicense the use of any CFA Properties trade secrets, confidential information and other proprietary matters.
[Item 23: Receipts]
Compliance with Franchise Agreement.
Except as specifically provided in this Agreement, the Operator will comply with all of the provisions of the Franchise Agreement with regard to the Food Truck and the Licensed Use even if not specifically described or referred to in this Agreement, including, but not limited to, Section 5 DAMAGE TO SITE, EQUIPMENT OR LEASEHOLD IMPROVEMENTS, PERSONAL INJURY, Section 12 STANDARDS OF CLEANLINESS, SANITATION AND BUSINESS CONDUCT, Section 18 TRADE SECRETS AND CONFIDENTIAL INFORMATION, Section 19 USE OF THE MARKS, Section 24 TERMINATION, Section 25 FRANCHISE RELATIONSHIP, Section 27 INDEMNIFICATION, and Section 28 GENERAL PROVISIONS (including, without limitation, with regard to the parties' choice of Georgia law and a Georgia forum to resolve their disputes as set forth in Section 28.10 thereof, the waiver of any right to trial by jury as set forth in Section 28.15 thereof and the Operator's agreement not to pursue any class claims as set forth in Section 28.13 thereof), and such provisions will be read to apply also to this Agreement.
Source: Item 9 — Franchisee's Obligations (FDD pages 49–51)
What This Means (2025 FDD)
According to the 2025 Chick Fil A Franchise Disclosure Document, Item 23, Compliance with Franchise Agreement, states that the operator will comply with all provisions of the Franchise Agreement, including Section 18 TRADE SECRETS AND CONFIDENTIAL INFORMATION, and Section 19 USE OF THE MARKS. Item 14 also discusses trademarks and proprietary information.
Specifically, the Franchise Agreement mandates that franchisees acknowledge they will likely access Chick Fil A's trade secrets, confidential information, and other proprietary matters. This information is proprietary, and its protection is deemed necessary for the proficient and standardized operation of all Chick Fil A Restaurants.
Furthermore, the Franchise Agreement requires franchisees to agree not to publish, disclose, or use Chick Fil A's confidential information without express prior written consent. This restriction applies both during the operation of the Chick Fil A Restaurant and afterward. For information considered a trade secret under Georgia or Delaware law, this restriction is perpetual. For other confidential information, the restriction lasts for the duration of the Franchise Agreement and for two years following its expiration or termination.