What is the Face Foundrie Franchisee employee's obligation regarding Confidential Information as a condition of their 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:
- i.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, as a condition of employment, Face Foundrie franchisee employees must agree not to communicate or divulge Confidential Information to any person at any time, whether during or after their employment. They also cannot use Confidential Information for their own benefit or for the benefit of any other person. This agreement is part of the consideration for starting or continuing employment and receiving compensation.
Confidential Information includes any information, knowledge, or know-how concerning the methods of operation of the Franchised Facial Bar and the System that the employee learns during their employment, regardless of whether it's specifically designated as "confidential." This can include operational, sales, promotional, marketing, and administrative methods, procedures, and techniques. However, information that the employee already knew before their employment or that becomes public knowledge through no fault of their own is not considered Confidential Information.
The agreement defines "Person" as any individual, partnership, entity, association, or corporation other than the franchisee or franchisor. Due to their employment, employees will receive specialized training and access to Confidential Information, making this agreement necessary to protect Face Foundrie's proprietary business methods. Franchisees should ensure their employees understand these obligations to safeguard the brand's confidential information and operational methods.
Additionally, employees agree to a covenant that extends for 18 months following the termination of their employment. During this period, they are prohibited from engaging, directly or indirectly, in any activities that would utilize or disclose Face Foundrie's Confidential Information for their own benefit or the benefit of others. This non-compete aspect ensures that former employees do not leverage their knowledge gained at Face Foundrie to compete against the franchise system.