During the term of employment with Face Foundrie and for how long after termination are employees restricted from diverting customers?
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.
- **5.
Severability**.
Each of the provisions of this Agreement may be considered severable from the others.
If a court should find that we or Franchisor may not enforce a clause in this Agreement as written, but the court would allow us or Franchisor to enforce that clause in a way that is less burdensome to you, then you agree that you will comply with the court's less-restrictive interpretation of that clause.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, during the term of employment and for 18 months following termination, an employee is restricted from diverting or attempting 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. This restriction applies whether the diversion is through direct or indirect suggestion, referral, inducement, or otherwise.
This non-compete clause means that a Face Foundrie franchisee must ensure their employees do not solicit or take Face Foundrie customers to a competing business during their employment and for 18 months after they leave. This is a fairly standard practice in the franchise industry to protect the brand's customer base and goodwill.
Face Foundrie also has legal recourse if an employee violates this agreement. The franchisor has the right to enforce the agreement in court through injunction, specific performance, or other equitable relief, in addition to any other remedies available for breach of contract. The employee is responsible for reimbursing Face Foundrie for any court costs and reasonable attorney's fees incurred as a result of the employee's violation and the need for court enforcement. This clause aims to strongly discourage employees from violating the non-compete agreement, as the financial and legal consequences can be significant.
This agreement also includes a severability clause, meaning that if a court finds any part of the agreement unenforceable, the rest of the agreement will still remain in effect. If a court finds a clause too restrictive but allows enforcement with a less burdensome interpretation, the employee agrees to comply with the court's less restrictive interpretation. This ensures that Face Foundrie can still enforce the agreement to the fullest extent allowed by law, protecting its interests even if specific provisions are challenged.