Is the Deck Medic Franchise Agreement considered an employment agreement?

According to Deck Medic's 2024 Franchise Disclosure Document, the Confidentiality Agreement is explicitly stated not to be an employment agreement. The document specifies that the Confidentiality Agreement is solely related to the protection of confidential information, materials, and access provided in connection with the Deck Medic Business. Deck Medic, Inc. is identified as a third-party beneficiary of this agreement, but not a party that owns or manages the Deck Medic Business.

This distinction is important for prospective Deck Medic franchisees because it clarifies the nature of the relationship between the franchisee, their employees or contractors, and Deck Medic, Inc. The franchisee is responsible for managing their own employees and contractors, and the Confidentiality Agreement is a tool to protect Deck Medic's confidential information. Franchisees should consult with a local attorney to ensure the agreement is properly implemented and compliant with local laws.

It is fairly standard practice in franchising to ensure that the franchise agreement is distinct from an employment agreement. This protects the franchisor from being considered a joint employer, which could create additional liabilities. The Deck Medic franchise agreement appears to follow this standard practice, as further reinforced by the clause stating that Deck Medic and the franchisee are not joint employers.