Besides the franchisee, which other parties associated with the Casiola franchise must adhere to the restrictive covenants regarding Know-How?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee agrees that the foregoing covenants shall also apply to: (a) Franchisee's Owners and that Franchisee's Owners shall each execute and deliver to Franchisor the Franchise Owner Agreement and Guaranty in the form attached
to this Agreement as Exhibit 1; and (b) Franchisee's directors, officers, employees and agents where disclosure of the Know-How was necessary for the operations of the Franchised Business and where such director, officer, employee and/or agent previously executed and timely delivered to Franchisor the Confidentiality Agreement in the form attached as Exhibit 2.
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, in addition to the franchisee, other parties associated with the Casiola franchise must adhere to the restrictive covenants regarding Know-How. These parties include the franchisee's owners, as well as the franchisee's directors, officers, employees, and agents.
The franchisee's owners are required to execute and deliver to Casiola the Franchise Owner Agreement and Guaranty. This agreement legally binds them to the same restrictive covenants as the franchisee, ensuring their commitment to protecting Casiola's Know-How.
For the franchisee's directors, officers, employees, and agents to be bound by these covenants, disclosure of the Know-How must be necessary for the operations of the franchised business. Furthermore, each director, officer, employee, and agent must have previously executed and delivered to Casiola a Confidentiality Agreement. This agreement ensures that these individuals are aware of their obligations to protect Casiola's confidential information and Know-How.