What is the Developer of Jersey Mikes required to do regarding employees having access to confidential and proprietary information?
Jersey_Mikes Franchise · 2025 FDDAnswer from 2025 FDD Document
- 6.3 Developer shall divulge such confidential information only to such of its employees as must have access to it in order to operate the Developer's Business.
Any and all information, knowledge and know-how, including, without limitation, drawings, materials, equipment, techniques, restaurant systems, product formulas, recipes and other data, which Franchisor designated as confidential shall be deemed confidential for purposes of this Agreement, except information which Developer can demonstrate came to its attention prior to disclosure by Franchisor; or which, at the time of disclosure by Franchisor to Developer, had become part of the public domain, through publication or communication by others, so long as such disclosure was not caused by Developer.
Source: Item 22 — CONTRACTS (FDD page 77)
What This Means (2025 FDD)
According to Jersey Mike's 2025 Franchise Disclosure Document, a Developer is obligated to maintain the absolute confidentiality of all proprietary information disclosed by Jersey Mike's, both during and after the term of the franchise agreement. This includes, but is not limited to, the methods of preparing sandwiches and other food products, specifications, product formulas, standards, and restaurant operating procedures. The Developer must not use this information in any other business or in any manner not specifically authorized or approved in writing by Jersey Mike's.
The Developer is permitted to share confidential information only with employees who require access to it in order to operate the Developer's business. Any and all information, knowledge, and know-how designated as confidential by Jersey Mike's is to be treated as such, unless the Developer can prove that the information was already known to them prior to disclosure by Jersey Mike's, or if it had already become part of the public domain through no fault of the Developer.
This obligation ensures that Jersey Mike's trade secrets and proprietary information are protected, maintaining the brand's competitive advantage. For a prospective franchisee, this means implementing strict internal controls and training programs to ensure that employees understand and adhere to these confidentiality requirements. Failure to comply with these provisions could result in legal action and damage to the franchisee's relationship with Jersey Mike's.