Is the Confidentiality Agreement provided in the Casiola Franchise Agreement a final, legally binding document?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchise Agreement Exhibit 2 Confidentiality Agreement
THIS EXHIBIT IS FOR REFERENCE PURPOSES ONLY AS A SAMPLE FORM CONFIDENTIALITY AGREEMENT THAT FRANCHISOR MAY APPROVE FOR USE BY FRANCHISEE – BEFORE USING WITH AN EMPLOYEE OR CONTRACTOR FRANCHISEE SHOULD HAVE THIS AGREEMENT REVIEWED AND APPROVED BY AN INDEPENDENT LOCAL ATTORNEY HIRED BY FRANCHISEE
CONFIDENTIALITY AGREEMENT (Sample Only)
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 Casiola Business] (hereinafter referred to as "us", "our" or "we")
Recitals and Representations
WHEREAS, we are the owners of a licensed Casiola Business (hereinafter referred to as the "Casiola 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 Casiola 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, Casiola Franchise LLC is not a party to this agreement and does not own or manage the Casiola 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 Casiola Business.
NOW THEREFORE, you acknowledge and agree as follows:
Source: Item 23 — RECEIPTS (FDD pages 47–209)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, the Confidentiality Agreement included as Exhibit 2 in the Franchise Agreement is a sample form and is not intended to be a final, legally binding document. The FDD states that this exhibit is for reference purposes only.
Before using the sample Confidentiality Agreement with an employee or contractor, Casiola franchisees are advised to have the agreement reviewed and approved by an independent local attorney hired by the franchisee. This step is crucial to ensure that the agreement complies with local laws and adequately protects the franchisee's interests.
Casiola Franchise LLC is identified as a third-party beneficiary of the agreement, but is not a party to the agreement and does not own or manage the Casiola Business. The agreement itself clarifies that it is not an employment agreement but specifically a confidentiality agreement related to information, materials, and access provided in connection with the Casiola Business.