factual

Who is considered 'us', 'our', or 'we' in the sample Casiola Confidentiality Agreement?

Casiola Franchise · 2024 FDD

Answer from 2024 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 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.

Source: Item 23 — RECEIPTS (FDD pages 47–209)

What This Means (2024 FDD)

According to Casiola's 2024 Franchise Disclosure Document, the terms 'us', 'our', or 'we' in the sample Confidentiality Agreement refer to the franchisee that owns and operates the Casiola business. The Confidentiality Agreement is between the franchisee and their employee, independent contractor, officer, and/or director.

This agreement is used to protect the confidential information of the Casiola business. The agreement states that the franchisor, Casiola Franchise LLC, is not a party to this agreement but is an intended third-party beneficiary. This means that while the agreement is between the franchisee and their personnel, Casiola Franchise LLC also benefits from the agreement because it protects the Casiola system and brand.

Prospective Casiola franchisees should understand that this sample agreement is for reference only and that they should have it reviewed and approved by an independent local attorney before using it with an employee or contractor. This ensures that the agreement complies with local laws and adequately protects the franchisee's interests.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.