What is the document described in this section pertaining to Fat Shack called?
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").
Source: Item 23 — Receipts (FDD pages 53–223)
What This Means (2025 FDD)
According to the 2025 Fat Shack FDD, one of the documents described is the "Nondisclosure and Noncompetition Agreement". This agreement is made between Fat Shack Inc., the franchisee (referred to as "Company"), and any associate of the Company. The agreement takes effect on the date listed on the signature page.
The Nondisclosure and Noncompetition Agreement outlines that Fat Shack is in the business of franchising quick-service sandwich restaurants known as Fat Shack Restaurants. These restaurants feature "Fat Sandwiches," burgers, wings, and other related items, specializing in late-night delivery. Fat Shack has developed proprietary methods and confidential information for operating these restaurants and has established goodwill and a reputation for quality.
The agreement also states that the franchisee, or Company, is under a franchise agreement or development agreement with Fat Shack. This agreement is designed to protect Fat Shack's confidential information and prevent unfair competition from franchisees or their associates, ensuring the brand's continued success and reputation.