What activities must the General Manager of a Hawaiian Bros Island Grill refrain from?
Hawaiian_Bros_Island_Grill Franchise · 2025 FDDAnswer from 2025 FDD Document
Accordingly, Franchisee agrees to perform and abide by the
following provisions and restrictions, each of which will survive the expiration or termination of this Agreement and be perpetually binding upon Franchisee:
- (1) Franchisee agrees to hold the elements of the System, the Trade Secrets and the contents of the Operations Manual in strict confidence, not disclose any Trade Secret or any operating or management procedure to any Person other than Franchisee's General Manager, Executive Management, and supervisors and managerial-level employees of the Franchised Restaurant to whom such disclosure is necessary in relation to their job duties, and instruct and routinely remind Franchisee's supervisors and managerial-level employees that the System, the Trade Secrets and the contents of the Operations Manual are confidential and may not be disclosed, copied in whole or in part, or appropriated.
If Franchisee is a Business Entity, it will not disclose any element of the System, any of the Trade Secrets or the contents of the Operations Manual, or make the Operations Manual available, to any Principal, director or officer of Franchisee other than its General Manager and Executive Management personnel, if any, who are actively and regularly involved in the Franchised Restaurant's management and have agreed to maintain the confidentiality of such items and information.
(2) Franchisee may not use any element of the System, any of the Trade Secrets or the operating, management or marketing procedures the Operations Manual contains in connection with the operation of any establishment or enterprise other than a Hawaiian Bros Restaurant, and must promptly discontinue use of the System, the Trade Secrets and the operating, management and marketing procedures the Operations Manual contains with respect to the Franchised Restaurant upon the expiration or termination of the Term.
(3) Franchisee may not, without Company's prior written consent, copy or permit any Person to copy or reproduce any part of the Operations Manual and any other printed, graphic or audio/visual item designated by Company as containing Trade Secrets or otherwise permit their use or inspection by any Person other than Franchisee, the General Manager, Executive Management, supervisors, and managerial-level employees of the Franchised Restaurant to whom such disclosure is necessary in relation to their job duties, and authorized Company representatives, all of whom must agree to maintain the confidentiality of such items and information.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 55–56)
What This Means (2025 FDD)
According to the 2025 Hawaiian Bros Island Grill FDD, the General Manager must maintain strict confidentiality regarding the System, Trade Secrets, and contents of the Operations Manual. The General Manager cannot disclose any of this information to individuals outside of their direct reports (supervisors and managerial-level employees) who need the information to perform their job duties. They must also routinely remind their supervisors and managerial-level employees that this information is confidential and cannot be disclosed, copied, or appropriated.
Furthermore, the General Manager cannot use any element of the System, Trade Secrets, or operating, management, or marketing procedures from the Operations Manual in connection with any establishment or enterprise other than a Hawaiian Bros Island Grill restaurant. Upon the expiration or termination of the franchise term, the General Manager must promptly discontinue the use of the System, Trade Secrets, and procedures contained in the Operations Manual with respect to the franchised restaurant.
Without the company's prior written consent, the General Manager cannot copy or permit any person to copy or reproduce any part of the Operations Manual or any other printed, graphic, or audio/visual item designated by the company as containing Trade Secrets. They also cannot permit their use or inspection by any person other than the Franchisee, Executive Management, supervisors, managerial-level employees of the Franchised Restaurant to whom such disclosure is necessary in relation to their job duties, and authorized Company representatives, all of whom must agree to maintain the confidentiality of such items and information. These restrictions are designed to protect Hawaiian Bros Island Grill's proprietary information and maintain the uniformity of the franchise system.