Is an employee allowed to indirectly divert customers from a Face Foundrie Facial Bar after termination?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
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:
- i.
Divert or attempt to divert any current or former business account or customer of the Franchised Facial Bar (or of any Face Foundrié Facial Bar) to any Person, whether by direct or indirect suggestion, referral, inducement, or otherwise; and/or
- ii.
Do or perform, directly or indirectly, any act that might injure or be harmful to the goodwill associated with Franchisor and the System.
- **4.
Legal and Equitable Remedies**.
You understand, acknowledge, and agree that if you do not comply with the requirements of this Agreement, you will cause irreparable injury to Franchisor, and that:
- a.
We or Franchisor will have the right to enforce this Agreement and any of its provisions by going to a court and obtaining an injunction, specific performance, or other equitable relief, without prejudice to any other rights and remedies that we or Franchisor may have for breach of this Agreement;
- b.
You will not raise wrongful termination or other defenses to the enforcement of this Agreement (although you will have the right to raise those issues in a separate legal action); and
- c.
You must reimburse us or Franchisor for any court costs and reasonable attorney's fees that we or Franchisor incur as a result of your violation of this Agreement and having to go to court to seek enforcement.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, an employee is prohibited from diverting or attempting to divert any current or former business account or customer of a Face Foundrie Facial Bar, either directly or indirectly, to any person. This restriction applies both during the term of their employment and for 18 months following the termination of their employment, regardless of the reason for termination. This includes any suggestion, referral, or inducement that could lead customers away from Face Foundrie.
This clause is designed to protect Face Foundrie's customer base and goodwill. If an employee violates this agreement, Face Foundrie has the right to seek legal remedies, including injunctions, specific performance, or other equitable relief, to enforce the agreement. The employee is also responsible for covering Face Foundrie's court costs and reasonable attorney's fees incurred as a result of the violation.
This type of non-compete and non-solicitation agreement is common in franchising to protect the brand and customer relationships. Prospective Face Foundrie franchisees should understand that their employees will be bound by these restrictions, and they should ensure their employees are aware of these obligations. The franchisee should also be prepared to enforce these provisions if necessary to protect their investment and the Face Foundrie brand.