What attachment in the Fat Shack Disclosure Document contains the Nondisclosure and Noncompetition Agreement?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 FDD Document
ATTACHMENT C (TO DISCLOSURE DOCUMENT)
NONDISCLOSURE AND NONCOMPETITION AGREEMENT
NONDISCLOSURE AND NONCOMPETITION AGREEMENT
This Nondisclosure and Noncompetition Agreement (this "Agreement") is made and entered into effective as of the date set forth on the signature page hereof, by and among FAT SHACK INC., a Delaware corporation ("FSI") located at 420 East 58th Avenue, Suite 128B, Denver, Colorado 80216, the undersigned franchisee ("Company"), and the undersigned associate of Company ("Associate").
RECITALS
- A.
FSI is engaged in the business of establishing, operating, franchising, and promoting specialty quick service sandwich restaurants under the name Fat Shack® that features "Fat Sandwiches," burgers and wings, together with appetizers, desserts, hot and cold beverages, and related merchandise, for dine in, takeout and delivery, and specializes in late night delivery of its products to its customers ("FAT SHACK Restaurants") associated with the service mark "FAT SHACK" and other logos, trademarks, service marks and commercial symbols and the Franchisor's proprietary methods of doing business ("Licensed Methods").
- B.
FSI and its affiliates have developed proprietary methods for establishing, operating and promoting FAT SHACK Restaurants utilizing certain confidential information as more fully described herein, and have established substantial goodwill and an excellent reputation with respect to the quality of the products and services available in a FAT SHACK Restaurant, which goodwill and reputation have been and will continue to be of major benefit to FSI.
- C.
Company is a franchisee under an effective franchise agreement, development agreement, or both, with FSI (as applicable, the "Franchise Agreement").
- D.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 40–41)
What This Means (2025 FDD)
According to the 2025 Fat Shack Franchise Disclosure Document, the Nondisclosure and Noncompetition Agreement is included as Attachment C. This agreement is made between Fat Shack Inc., the franchisee (referred to as "Company"), and any associate of the Company.
The document outlines that Fat Shack Inc. is in the business of franchising quick-service sandwich restaurants under the Fat Shack name, featuring specialized sandwiches, burgers, wings, and other related items. The company has developed proprietary methods and confidential information that contribute to its goodwill and reputation. The franchisee, as part of the franchise agreement, gains access to this information.
The Nondisclosure and Noncompetition Agreement is required to protect Fat Shack's confidential know-how, systems, trade secrets, and proprietary rights. It ensures that associates of the franchisee, who gain access to confidential information, are bound by the terms of the agreement. This agreement is a material term of the Franchise Agreement, safeguarding Fat Shack's interests and the franchisee's right to use the confidential information.