factual

Does the Nothing Bundt Cakes Franchise Disclosure Document include a confidentiality and non-disclosure agreement?

Nothing_Bundt_Cakes Franchise · 2025 FDD

Answer from 2025 FDD Document

EXHIBIT I TO THE DISCLOSURE DOCUMENT

CONFIDENTIALITY AND NONDISCLOSURE NBC FRANCHISOR LLC

Given the confidential nature of the information to be provided to persons interested in purchasing a Nothing Bundt Cakes franchise ("Prospective Franchisee") during their evaluation of the Nothing Bundt Cakes franchise opportunity ("NBF Franchises"), NBC Franchisor LLC (the "Franchisor") requires that should the Prospective Franchisee not purchase a NBF Franchise, the Prospective Franchisee may not use any of the information provided by Franchisor during the Prospective Franchisee's evaluation of Franchisor's business, for any purpose whatsoever. Therefore, Franchisor requires Prospective Franchisees interested in learning about the operation of a NBF Franchise to execute this "Confidentiality & Nondisclosure Agreement".

Now, Therefore –

    1. Prospective Franchisees acknowledges that he/she will be provided confidential information regarding the development and operation of Nothing Bundt Cakes bakeries.
    1. It is further understood that Franchisor has invested significant money to develop certain proprietary and confidential systems and trade secrets relating to the operation of a NBF Franchise, which include, without limitation, Proprietary Recipes and other standards and specifications relating to food preparation and presentation, kitchen equipment, and the build-out of a Nothing Bundt Cakes bakery; as well as information about proprietary merchandise, proprietary software Franchisor may now or in the future create; the Franchisor's Operations Manual and copyrighted materials; food preparation and baking methods; and other techniques and know-how concerning the operation of the Franchisor's business ("Confidential Information").
    1. Therefore, any and all Confidential Information provided to Prospective Franchisees during in-person meetings with the Company, as well as information that may be provided (in any format) to Prospective Franchisee by other means such as by personal meetings, conversation, mail, fax or electronic transmissions, shall be deemed to be Confidential Information for purposes of this Agreement.
    1. The Confidential Information that is disclosed to Prospective Franchisees is being provided solely on the condition that the Prospective Franchisee(s) agree herein that he/she shall hold in strict confidence all Confidential Information and all other information provided them by the Company. Unless the Franchisor otherwise agrees in writing, the Prospective Franchisee will not isclose any such information even after said person(s) cease to be considered a Prospective Franchisee; and, the Prospective Franchisee will not use any such information for the purpose of operating or owning a business that is considered to be in competition with Nothing Bundt Cakes bakeries.
    1. Except as otherwise approved in writing by the Franchisor, the prospective Franchisee shall not for himself/herself, or through, on behalf of, or in conjunction with any person, persons, partnership, corporation or limited liability company, own, maintain, engage in, lend money to, extend credit to, have controlling interest in, or be employed as an officer, director, executive, or principal of any bakery, except as stipulated in Item 8 below.
    1. If all or any portion of a covenant in this Agreement is held unreasonable or unenforceable by a court or agency having valid jurisdiction in an unappealed final decision to which the

Source: Item 23 — RECEIPTS (FDD pages 93–309)

What This Means (2025 FDD)

Yes, according to the 2025 Nothing Bundt Cakes Franchise Disclosure Document, a Confidentiality and Nondisclosure Agreement is included as Exhibit I. This agreement is required by NBC Franchisor LLC to protect the confidential information provided to prospective franchisees during their evaluation of the Nothing Bundt Cakes franchise opportunity.

The agreement stipulates that if a prospective franchisee does not purchase a Nothing Bundt Cakes franchise, they are prohibited from using any information provided by the franchisor for any purpose. This includes information shared during in-person meetings, conversations, mail, fax, or electronic transmissions. The agreement emphasizes that the franchisor has invested significantly in developing proprietary and confidential systems and trade secrets related to the operation of a Nothing Bundt Cakes franchise.

Confidential Information includes, but is not limited to, Proprietary Recipes, standards and specifications relating to food preparation and presentation, kitchen equipment, and the build-out of a Nothing Bundt Cakes bakery; as well as information about proprietary merchandise, proprietary software Franchisor may now or in the future create; the Franchisor's Operations Manual and copyrighted materials; food preparation and baking methods; and other techniques and know-how concerning the operation of the Franchisor's business. The prospective franchisee must hold all Confidential Information in strict confidence and not disclose it to others, even after they cease to be considered a prospective franchisee. They are also prohibited from using the information to operate or own a competing business.

The agreement also states that the prospective franchisee cannot own, maintain, engage in, lend money to, extend credit to, have a controlling interest in, or be employed by any bakery, except as stipulated in Item 8, without written approval from the franchisor. This ensures that prospective franchisees do not use the confidential information they gain to benefit a competing business, protecting Nothing Bundt Cakes's competitive advantage and proprietary information.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.