For Hck Hot Chicken, what agreements are considered 'Supplemental Agreements'?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
venant imposed upon you under this Agreement
| to ensure that the terms and covenants in this Agreement are enforceable under applicable law. |
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| EXECUTED |
| on the date |
| stated |
| below. |
| Signature |
Date:
EXHIBIT I-3
HCK HOT CHICKEN FRANCHISE
SAMPLE CONFIDENTIALITY AGREEMENT
This Confidentiality Agreement ("Agreement") is entered into by the undersigned ("you") in favor of Hot Chikn Kitchn LLC, a Florida limited liability company, and its successors and assigns ("us"), upon the terms and conditions set forth in this Agreement.
1. Definitions. For purposes of this Agreement, the following terms have the meanings given to them below:
"Copyrights" means all works and materials for which we or our affiliate(s) have secured common law or registered copyright protection and that we allow HCK Hot Chicken franchisees to use, sell, or display in connection with the marketing and/or operation of a HCK Hot Chicken Business, whether now in existence or created in the future.
"HCK Hot Chicken Business" means a business that features Nashville hot chicken tenders and sandwiches with made-to-order spices and related food and drink items in a fun, fast-casual restaurant format and other related products and services using our Intellectual Property.
"Franchisee" means the HCK Hot Chicken franchisee for which you are an employee, independent contractor, agent, representative, or supplier.
"Intellectual Property" means, collectively or individually, our Marks, Copyrights, Know-how, Manual, and System.
"Know-how" means all of our trade secrets and other proprietary information relating to the development, construction, marketing, and/or operation of a HCK Hot Chicken Business, including, but not limited to, methods, techniques, specifications, proprietary practices and procedures, policies, marketing strategies, and information comprising the System and the Manual.
"Manual" means our confidential operations manual for the operation of a HCK Hot Chicken Business.
"Marks" means the logotypes, service marks, and trademarks now or hereafter involved in the operation of a HCK Hot Chicken Business, including "HCK HOT CHICKEN" and any other trademarks, service marks, or trade names that we designate for use by a HCK Hot Chicken Business. The term "Marks" also includes any distinctive trade dress used to identify a HCK Hot Chicken Business, whether now in existence or hereafter created.
"System" means our system for the establishment, development, operation, and management of a HCK Hot Chicken Business, including Know-how, proprietary programs and products, confidential operations manuals, and operating system.
2. Background. You are an employee, independent contractor, agent, representative, or supplier of Franchisee. Because of this relationship, you may gain knowledge of our Intellectual Property. You understand that protecting the Intellectual Property is vital to our success and that of our franchisees, and that you could seriously jeopardize our entire Franchise System if you were to use such Intellectual Property in any way other than as described in this Agreement. In order to avoid such damage, you agree to comply with this Agreement.
3. Know-How and Intellectual Property: Nondisclosure and Ownership. You agree:
(i) you will not use the Intellectual Property in any business or capacity other than for the benefit of the HCK Hot Chicken Business operated by Franchisee or in any way detrimental to us or to the Franchisee; (ii) you will maintain the confidentiality of the Intellectual Property at all times; (iii) you will not make unauthorized copies of documents containing any Intellectual Property; (iv) you will take such reasonable steps as we may ask of you from time to time to prevent unauthorized use or disclosure of the Intellectual Property; and (v) you will stop using the Intellectual Property immediately if you are no longer an employee, independent contractor, agent, representative, or supplier of Franchisee. You further agree that you will not use the Intellectual Property for any purpose other than the performing your duties for Franchisee and within the scope of your employment or other engagement with Franchisee.
The Intellectual Property is and shall continue to be the sole property of Hot Chikn Kitchn LLC. You hereby assign and agree to assign to us any rights you may have or may acquire in such Intellectual Property. Upon the termination of your employment or engagement with Franchisee, or at any time upon our or Franchisee's request, you will deliver to us or to Franchisee all documents and data of any nature pertaining to the Intellectual Property, and you will not take with you any documents or data or copies containing or pertaining to any Intellectual Property.
- 4. Immediate Family Members. You acknowledge you could circumvent the purpose of this Agreement by disclosing Intellectual Property to an immediate family member (i.e., spouse, parent, sibling, child, or grandchild). You also acknowledge that it would be difficult for us to prove whether you disclosed the Intellectual Property to family members. Therefore, you agree you will be presumed to have violated the terms of this Agreement if any member of your immediate family uses or discloses the Intellectual Property. However, you may rebut this presumption by furnishing evidence conclusively showing you did not disclose the Intellectual Property to the family member.
- 5. Covenants Reasonable. You acknowledge and agree that: (i) the terms of this Agreement are reasonable both in time and in scope of geographic area; and (ii) you have sufficient resources and business experience and opportunities to earn an adequate living while complying with the terms of this Agreement. YOU HEREBY WAIVE ANY RIGHT TO CHALLENGE THE TERMS OF THIS AGREEMENT AS BEING OVERLY BROAD, UNREASONABLE, OR OTHERWISE UNENFORCEABLE.
- 6. Breach.
Source: Item 22 — CONTRACTS (FDD pages 54–55)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Hck Hot Chicken includes sample agreements as exhibits. These exhibits function as supplemental agreements that individuals associated with the franchisee (such as employees or managers) must agree to. These agreements primarily focus on protecting Hck Hot Chicken's confidential information, system, and intellectual property.
Two key supplemental agreements are the Sample Confidentiality Agreement and the Sample System Protection Agreement. The Confidentiality Agreement ensures that anyone associated with the Hck Hot Chicken franchise, such as employees or suppliers, protects the brand's Copyrights, Know-how, Manual, Marks, and System. Similarly, the System Protection Agreement is designed to prevent unfair competition by those who have access to Hck Hot Chicken's operational methods and intellectual property. These agreements include clauses that restrict the use of confidential information and engagement in competitive activities during and after their association with the franchise.
Another supplemental agreement is the Addendum to Franchise Agreement for Non-Traditional Venue. This addendum modifies the standard franchise agreement to accommodate Hck Hot Chicken restaurants operating in non-traditional venues. It alters specific sections of the original agreement, such as those pertaining to premises and operational standards, to better suit the unique requirements and conditions of non-traditional locations. This ensures that the franchise agreement remains relevant and adaptable to different business environments.
These supplemental agreements are crucial for maintaining the integrity of the Hck Hot Chicken brand and protecting its business model. Prospective franchisees should carefully review these agreements to understand their obligations and ensure that their employees and associates are also aware of these requirements. Understanding these agreements is essential for operating a successful and compliant Hck Hot Chicken franchise.