Is a Hck Hot Chicken franchisee allowed to discuss the franchisor's affiliates through the internet?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
orized copy of any portion of the Trade Secrets, including the HCK Hot Chicken Brand Standards Manual, bulletins, supplements, confidential correspondence, or other confidential communications, whether written or oral. Franchisee shall operate the Restaurant and implement all reasonable procedures prescribed from time to time by Franchisor to prevent unauthorized use and disclosure of the Trade Secrets, including, implementing restrictions and limitations as Franchisor may prescribe on disclosure to employees and use of non-disclosure and noncompetition provisions in employment agreements with employees who may have access to the Trade Secrets. Promptly upon Franchisor's request, Franchisee shall deliver executed copies of such agreements to Franchisor. If Franchisee has any reason to believe that any employee has violated the provisions of the confidentiality and non-competition agreement, Franchisee shall promptly notify Franchisor and shall cooperate with Franchisor to protect Franchisor against infringement or other unlawful use including, but not limited to, the prosecution of any lawsuits if, in the judgment of Franchisor, such action is necessary or advisable.
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 54)
What This Means (2025 FDD)
Based on the 2025 Hck Hot Chicken FDD, there is no explicit mention of whether a franchisee is allowed to discuss the franchisor's affiliates through the internet. However, the FDD does state that the franchisee must maintain absolute confidentiality of the Trade Secrets during and after the term of the agreement. Trade Secrets include the Hck Hot Chicken Brand Standards Manual, bulletins, supplements, confidential correspondence, or other confidential communications, whether written or oral. Franchisees must also operate the restaurant and implement all reasonable procedures prescribed by Hck Hot Chicken to prevent unauthorized use and disclosure of the Trade Secrets.
Additionally, the franchisee must purchase, use, and maintain the Information Systems specified in the Hck Hot Chicken Brand Standards Manual in accordance with Hck Hot Chicken's standards and specifications. The Information Systems must always be connected to one or more high-speed communications media specified by Hck Hot Chicken and be capable of accessing the Internet. The franchisee must electronically link the Information Systems to Hck Hot Chicken or its designee and allow Hck Hot Chicken and/or its designee to access the Information Systems and stored files, and to add, remove, configure, and modify information systems via any means including electronic polling and uploads, with or without notice.
While the FDD does not directly address online discussions about affiliates, the broad confidentiality requirements and control Hck Hot Chicken maintains over information systems suggest franchisees should exercise caution and seek clarification from the franchisor before engaging in such discussions. A prospective franchisee should ask Hck Hot Chicken for specific guidelines on what information related to the franchisor and its affiliates can be discussed online to avoid violating the franchise agreement.