Does the Face Foundrie agreement prohibit me from communicating or divulging Confidential Information after my employment?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
Now, therefore, it is agreed that as a consideration of starting or continuing your employment, as a condition to your employment and the compensation that we have paid to you (and/or will pay you after today), you acknowledge and agree that you will comply with all of the following obligations:
- 1. Confidential Information. You agree that you will not, at any time (whether during or after your time of employment with us), communicate or divulge Confidential Information to any Person, and that you will not use Confidential Information for your own benefit or for the benefit of any other Person.
- 2. Definitions. As used in this Agreement, the following terms are agreed to have the following meanings:
- a. The term "Confidential Information" means any information, knowledge, or know-how concerning the methods of operation of the Franchised Facial Bar and the System that you may learn of or that otherwise becomes known to you during the time of your employment with us (whether or not Franchisor or we have specifically designated that information as "confidential"). Confidential Information may include, among other things, operational, sales, promotional, marketing, and administrative methods, procedures, and techniques. However, Confidential Information does not include information that you can show came to your attention before it was disclosed to you by us or Franchisor; and Confidential Information also does not include information that, at or after the time when we disclosed it to you, is a part of the public domain through no act on your part or through publication or communication by other Persons who are lawfully entitled to publish or communicate that information.
- b. The term "Person" means any person, persons, partnership, entity, association, or corporation (other than us or Franchisor).
3. Covenants.
- a.
You understand and acknowledge that due to your employment with us, you will receive valuable specialized training and access to Confidential Information.
- b.
You covenant and agree that during the term of your employment and for 18 months following the termination of your employment (for any reason), you shall not, either directly or indirectly, for yourself, or through, on behalf of, or in conjunction with any Person:
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to the 2025 Face Foundrie Franchise Disclosure Document, as a condition of employment, you must agree not to communicate or divulge Confidential Information to any person at any time, including after your employment ends. You also cannot use Confidential Information for your own benefit or the benefit of another person. Confidential Information includes any information, knowledge, or know-how concerning the methods of operation of the Franchised Facial Bar and the Face Foundrie system that you learn during your employment, whether or not it is specifically designated as "confidential." This can include operational, sales, promotional, marketing, and administrative methods, procedures, and techniques.
However, the definition of Confidential Information does not include information that you can prove you already knew before it was disclosed to you by Face Foundrie or the franchisor. It also does not include information that becomes part of the public domain through no action on your part or through publication by others who are legally entitled to communicate that information.
Furthermore, during your employment and for 18 months after your employment ends for any reason, you are prohibited from engaging in certain competitive activities, either directly or indirectly, for yourself or with any other person. This restriction is designed to protect Face Foundrie's business, operating methods, and Confidential Information, the disclosure and use of which would harm the interests of Face Foundrie and its franchisees.