What is the definition of 'Employer' in the context of the Big Apple Bagels employee agreement?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
A. Employer is a Franchisee of BAB Systems, Inc. ("BAB"), an Illinois corporation, pursuant to a Franchise Agreement ("Franchise Agreement") with BAB. BAB is in the business of operating a franchise distribution system related to owning and operating certain Stores under the name "Big Apple Bagels" or "My Favorite Muffin" that offer and sell "Big Apple Bagels" branded bagels and cream cheese spreads, "My Favorite Muffin" branded muffins, and "Brewster's" branded coffee for on premises consumption and retail and (except for Brewster's coffee) wholesale distribution Employer operates a "Big Apple Bagels" Store pursuant to the Franchise Agreement. In connection with Employer's business, Employer will be using various techniques, systems, procedures, standards, manuals, data, specifications, and other materials, all of which are considered the proprietary and confidential information ("Proprietary Information") of BAB.
Source: Item 23 — RECEIPTS (FDD pages 87–319)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, the term 'Employer' in the context of the employee agreement refers to the franchisee of BAB Systems, Inc. This franchisee operates a Big Apple Bagels store under a Franchise Agreement with BAB Systems, Inc.
For a prospective Big Apple Bagels franchisee, this means that as the franchisee, you are considered the 'Employer' in any employee agreements. You are responsible for ensuring that your employees adhere to the terms outlined in the agreement, particularly regarding the protection of proprietary and confidential information. This includes the techniques, systems, procedures, standards, manuals, data, specifications, and other materials considered proprietary to BAB Systems, Inc., as well as customer information, pricing practices, and supplier details.
The employee agreement emphasizes the importance of maintaining confidentiality and preventing unfair competition. As the 'Employer', you must ensure that your employees understand and comply with these obligations, both during and after their employment. This includes restrictions on working for competing businesses within a specified radius and soliciting your customers or interfering with your business.