Who is considered 'you' in the sample Bee Organized Confidentiality Agreement?
Bee_Organized Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement (the "Agreement") is entered into by the undersigned ("you") in favor of:
[Insert On the Line Below Name of Franchisee that Owns and Operates the Bee Organized Business] (hereinafter referred to as "us", "our" or "we") Recitals and Representations WHEREAS, we are the owners of a licensed Bee Organized Business (hereinafter referred to as the "Bee Organized Business") that we independently own and operate as a franchisee;
WHEREAS, you are or are about to be an employee, independent contractor, officer and/or director of a Bee Organized Business that is independently owned and operated by us;
WHEREAS, in the course of your employment, independent contractor relationship and/or association with us, you may gain access to Confidential Information (defined below in this Agreement) and you understand that it is necessary to protect the Confidential Information and for the Confidential Information to remain confidential;
WHEREAS, our Franchisor, Bee Organized Enterprises, LLC, is not a party to this agreement and does not own or manage the Bee Organized Business but is an intended third party beneficiary of this Agreement; and
WHEREAS, this Agreement is not an employment agreement and is only a confidentiality agreement in connection with information, materials and access that may be provided to you in connection with the Bee Organized Business.
Source: Item 23 — RECEIPTS (FDD pages 54–218)
What This Means (2025 FDD)
According to Bee Organized's 2025 Franchise Disclosure Document, the "you" in the sample Confidentiality Agreement refers to the employee, independent contractor, officer, and/or director of a Bee Organized Business. This individual is someone who may gain access to confidential information in the course of their work with the Bee Organized franchisee.
The agreement is between the franchisee (referred to as "us", "our", or "we") and the employee or contractor. Bee Organized Enterprises, LLC, the franchisor, is identified as an intended third-party beneficiary of the agreement, but is not a direct party to the agreement. The agreement emphasizes that it is solely a confidentiality agreement and not an employment agreement.
This distinction is important for prospective Bee Organized franchisees because it clarifies the roles and responsibilities in protecting confidential information. The franchisee is responsible for ensuring that their employees or contractors sign and adhere to the confidentiality agreement. The franchisor benefits from this agreement as a third party, ensuring the protection of their confidential information and trade secrets. The agreement also states that the employee or contractor acknowledges that they will be gaining access to confidential information in their capacity with the Bee Organized Business.