Does the Deer Solution confidentiality agreement constitute an employment agreement?

According to Deer Solution's 2025 Franchise Disclosure Document, the confidentiality agreement that an employee, independent contractor, officer, and/or director of a Deer Solution Business signs is explicitly not an employment agreement. The FDD states that the agreement is solely a confidentiality agreement related to information, materials, and access provided in connection with the Deer Solution Business. Deer Solution Franchising LLC is identified as a third-party beneficiary but is not a party to the agreement and does not own or manage the Deer Solution Business.

This distinction is important for prospective franchisees because it clarifies the relationship between the franchisee (as the employer) and their employees versus the relationship between the franchisee and Deer Solution. The confidentiality agreement is designed to protect Deer Solution's confidential information and trade secrets, regardless of the employment status of the individual signing the agreement.

For a Deer Solution franchisee, this means they need to ensure their employees, independent contractors, officers, and/or directors sign the confidentiality agreement to protect Deer Solution's interests. It also means that the terms of employment are separate from the confidentiality obligations, and franchisees must manage those aspects independently. The franchisee should consult with legal counsel to ensure their employment agreements comply with all applicable laws and regulations.