What does Floyds 99 consider to be the nature of its Confidential Information?
Floyds_99 Franchise · 2025 FDDAnswer from 2025 FDD Document
Developer and Franchisor acknowledge that the distinctive business format, plans, methods, data, processes, marketing systems, manuals, product formulas, techniques, designs, layouts, operating procedures, trademarks, proprietary marks and information and know-how of Franchisor which are developed and utilized in connection with the Licensed Methods are proprietary and confidential ("Confidential Information").
Such Confidential Information is unique, exclusive property and a trade secret of Franchisor and has valuable goodwill associated with it.
Developer acknowledges that any unauthorized disclosure or use of the Confidential Information would be wrongful and would cause irreparable injury and harm to Franchisor.
It is understood that Confidential Information is deemed to include, without limitation, clients lists, vendor lists, product formulas, any and all information contained in the Operations Manual (as described in the Franchise Agreement), and any information of whatever nature which gives Franchisor and its affiliates an opportunity to obtain an advantage over its competitors who do not have access to, know or use such lists, written materials, formulas or information.
Developer further acknowledges that Franchisor has expended a great amount of effort and money in obtaining and developing the Confidential Information, that Franchisor has taken numerous precautions to guard the secrecy of the Confidential Information, that it would be very costly for competitors to acquire or duplicate the Confidential Information and that any unauthorized disclosure of such Confidential Information shall cause irreparable harm to Franchisor.
Consequently, Developer shall not at any time, publish, disclose, divulge or in any manner communicate to any person, firm, corporation, association, partnership or any other entity whatsoever or use, directly or indirectly, for its own benefit or for the benefit of any person, firm, corporation or other entity other than for the use of Franchisor or the FLOYD'S 99 Shop(s) developed under this Agreement, any of the Confidential Information of Franchisor or its affiliates.
Franchisor and Developer agree that the Confidential Information does not include information that is generally available to the public.
Source: Item 23 — RECEIPT (FDD pages 58–229)
What This Means (2025 FDD)
According to the 2025 Floyds 99 Franchise Disclosure Document, the brand considers its distinctive business format, plans, methods, data, processes, marketing systems, manuals, product formulas, techniques, designs, layouts, operating procedures, trademarks, proprietary marks and information and know-how to be proprietary and confidential. Floyds 99 emphasizes that this Confidential Information is unique, exclusive property and a trade secret, holding valuable goodwill.
For a prospective franchisee, this means that Floyds 99 places a high value on its proprietary information and takes measures to protect it. Unauthorized disclosure or use of this information by a franchisee would be considered wrongful and cause irreparable injury and harm to Floyds 99. This includes, without limitation, clients lists, vendor lists, product formulas, any and all information contained in the Operations Manual, and any information of whatever nature which gives Floyds 99 and its affiliates an opportunity to obtain an advantage over its competitors who do not have access to, know or use such lists, written materials, formulas or information.
Floyds 99 acknowledges that it has expended a great amount of effort and money in obtaining and developing the Confidential Information and has taken precautions to guard its secrecy. Competitors would find it very costly to acquire or duplicate this information. However, information generally available to the public is not considered Confidential Information.
As a franchisee, you would be obligated to protect this Confidential Information and not disclose it to any third party or use it for your own benefit outside of the Floyds 99 shop(s) developed under the Franchise Agreement. This obligation extends beyond the term of the franchise agreement, highlighting the importance Floyds 99 places on safeguarding its trade secrets and proprietary information.