Is the Manual and all other materials provided by Chicken Guy disclosed in confidence?
Chicken_Guy Franchise · 2025 FDDAnswer from 2025 FDD Document
A. Best Efforts. During the term of this Agreement, Franchisee and the Operating Principal shall devote their best efforts to the development, management and operation of the Franchised Restaurant.
B. Confidentiality
- (1) Franchisee acknowledges and agrees that: (a) Chicken Guy owns all right, title and interest in and to the System; (b) the System consists of trade secrets and confidential and proprietary information and know-how that gives Chicken Guy and its affiliates a competitive advantage; (c) Chicken Guy and its affiliates have taken all measures necessary to protect the trade secrets and the confidentiality of the proprietary information and know-how comprising the System; (d) all material or other information now or hereafter provided or disclosed to Franchisee regarding the System is disclosed in confidence; (e) Franchisee has no right to disclose any part of the System to anyone who is not an employee of Franchisee; (f) Franchisee will disclose to its employees only those parts of the System that an employee needs to know; (g) Franchisee will have a system in place to ensure its employees keep confidential Chicken Guy's trade secrets and confidential and proprietary information, and, if requested by Chicken Guy, Franchisee shall obtain from those of its employees designated by Chicken Guy an executed Confidential Disclosure Agreement in the form prescribed by Chicken Guy; (h) Franchisee will not acquire any interest in the System; and (i) Franchisee's use or duplication of the System or any part of the System in any other business would constitute an unfair method of competition, for which Chicken Guy would be entitled to all legal and equitable remedies, including injunctive relief, without posting a bond.
- (2) Franchisee shall not, during the term of this Agreement or at any time thereafter, communicate or disclose any trade secrets or confidential or proprietary information or know-how of the System to any unauthorized person, or do or perform, directly or indirectly, any other acts injurious or prejudicial to any of the Proprietary Marks or the System. Any and all information, knowledge, know-how and techniques, including all drawings, materials, equipment, specifications, recipes, techniques and other data that Chicken Guy or its affiliates designate as confidential, shall be deemed confidential for purposes of this Agreement.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 38–39)
What This Means (2025 FDD)
According to Chicken Guy's 2025 Franchise Disclosure Document, the manual and all other materials provided are disclosed in confidence. Chicken Guy owns all rights to the System, which includes trade secrets, confidential and proprietary information, and know-how that gives Chicken Guy a competitive advantage. Chicken Guy has taken measures to protect these trade secrets and the confidentiality of its proprietary information.
All materials provided to the franchisee regarding the System are disclosed in confidence, and the franchisee has no right to disclose any part of the System to anyone who is not an employee. The franchisee is only allowed to disclose parts of the System to employees who need to know the information to perform their duties. The franchisee must also have a system in place to ensure that its employees keep Chicken Guy's trade secrets and confidential information secure. If requested by Chicken Guy, the franchisee must obtain a signed Confidential Disclosure Agreement from designated employees.
The franchisee cannot communicate or disclose any trade secrets or confidential information of the System to any unauthorized person during the agreement term or afterward. Any information that Chicken Guy designates as confidential, including drawings, materials, equipment, specifications, recipes, and techniques, is deemed confidential. The franchisee acknowledges that access to Chicken Guy's trade secrets and confidential information is granted under the agreement, and the System holds substantial value. Therefore, all information must be kept confidential.