The easiest way to destroy the privacy of a recipe or process is to let customers and others look at how it is done. Restaurants that integrate the “theater” of food preparation must be careful not to “perform” confidential steps in front of customers and competitors. For example, it`s one thing to allow customers to see how an exclusive spice blend is applied to the meat, but allowing them to see the proprietary spice blend is another. When designing their processes, restaurant owners need to be careful to do confidential things in private. In managing these potential threats, it`s important to consider both privacy and ownership – to ensure that revenues are not passed on to competitors, but also to confirm that they belong to the restaurant owner. In principle, any person who has or may have access to orders should be required to sign a confidentiality agreement agreeing that they will disclose or use the orders only for specific purposes. For greater protection, consideration should also be given to requiring certain key personnel (in particular the non-owner-manager) to sign non-compete agreements designed to ensure maximum applicability under applicable law. In this webcast, Joe Erickson and Jim Laube show NEW ways to use QuickBooks Desktop and QuickBooks Online as a testament to measuring and managing your restaurant`s key figures. Young employees and technology have created a barrier to Tom Martin`s success at his two Taco Box Quick Service restaurants. Its solution – clearly written and easy-to-understand policy models. Discuss the search, criteria and amount of compensation for your first general manager with renowned restaurant consultant Bill Marvin, the “restaurant doctor.” A successful transition will liberate.
The setting is not child`s play. In typical high-turnover gastronomy, the pressure can be overwhelming. In the hustle and bustle, you can easily lose sight of the legal issues that often bite new restaurateurs. Even if you currently have employees who haven`t signed confidentiality agreements, it`s not too late to get them to sign one now. Whether it is simply a confidentiality agreement or a non-compliance agreement associated with a non-compete obligation, the agreement should also cover revenue ownership, any modification or adaptation and other intellectual property rights. Although it may be difficult to assert ownership of revenues under copyright and similar laws, the transfer of ownership or preponderant rights between the parties are allowed and confirm the superior rights of the restaurant owner over the other party. As far as possible – especially in employment contracts with key personnel – care should be taken to include provisions that confirm that the restaurant/employer is the owner of the recipes that the employee develops during the period of employment, whether or not the revenues are actually used in the operation of the restaurant. Similarly, restaurant owners who outsource the production of certain items (p.B exclusive sauces and spice blends) should include confirmations of ownership in their outsourcing agreements.
The seller`s confidentiality requirement is only part of the recipe to protect the recipe. The seller should be required to acknowledge and accept that the proceeds between him and the restaurant owner are the property of the restaurant owner. There is no sure way to protect revenues. Even being the only person who knows the recipe won`t stop a competitor from “redeveloping” the recipe. But to get maximum protection, restaurant owners will want to establish a culture of confidentiality with their employees and receive written confidentiality agreements and superior rights recognitions at every opportunity so that someone can be held accountable if the revenue falls into the wrong hands. Original and secret recipes are among the most important ingredients in a restaurant`s recipe for success and are at least as high as an AAA location, great staff, comfortable décor, and a memorable name. But unlike factors whose value is actually increased by their visibility and accessibility to consumers and competitors, revenues are more valuable when they remain both proprietary and confidential. To determine how best to protect their revenues from disclosure and abuse, restaurateurs must first identify the likely sources of these threats, both internally (employees) and externally (suppliers and competitors). The assessment should take into account the specific operational processes of the restaurant and focus on what is observable to the general public and those who, with or without authorization, will have or are likely to have access to the recipes.
A confidentiality agreement is your first step in protecting your trade secrets and showing your employees that you take your business seriously. More than 40% of labour law claims are directed against companies with 15 to 100 employees. Many independent restaurants do not have liability insurance for work practices and leave each other. Employee confidentiality agreements are a must for any business, especially restaurants. .