Where can I find the form of the Confidentiality and Non-Compete Agreement that Mr. Sandless requires?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
You (including your partners, officers, directors, shareholders, as applicable), your employees, and their respective heirs, successors and assigns, are prohibited from using and/or disclosing any Confidential Information in any manner other than as we permit and must execute Confidentiality and Non-Compete Agreement in the form attached as Attachment 4.
18.4 Covenants of Employees, Agents, and Third Persons
You shall require and obtain execution of covenants similar to those set forth in this Section 19.4 (including covenants applicable upon the termination of a person's employment with you) from all employees, contractors or third persons who will have access to Mr. Sandless proprietary and Confidential Information, and shall provide to us to an executed versions thereof. Such covenants shall be substantially in the form set forth in Attachment 4 as revised and updated from time to time and contained in the Manual. You shall indemnify and hold us harmless from any and all liability, loss, attorneys' fees, or damage we may suffer as a result of your failure to obtain executed restricted covenants by employees, agents and third persons as required by this Section.
Attachment 4 – Confidentiality and Non-Competition Agreement
Source: Item 22 — CONTRACTS (FDD page 42)
What This Means (2025 FDD)
According to Mr. Sandless's 2025 Franchise Disclosure Document, the form of the Confidentiality and Non-Competition Agreement is included as Attachment 4 to the Mr. Sandless Franchise Agreement. This agreement is not only for the franchisee but also for trained employees, shareholders, officers, directors, general partners, members, and managers of the franchisee.
The agreement aims to protect Mr. Sandless's confidential information and trade secrets. As a franchisee, you must ensure that anyone with access to Mr. Sandless's proprietary information, including employees and contractors, executes covenants similar to those in Attachment 4. These covenants should also apply after the termination of employment or the contract.
Mr. Sandless emphasizes the importance of obtaining these executed agreements, as the franchisee is required to indemnify and hold Mr. Sandless harmless from any liabilities, losses, attorney's fees, or damages resulting from a failure to obtain these agreements from employees, agents, and third parties. This highlights the franchisee's responsibility in safeguarding Mr. Sandless's confidential information and enforcing non-compete obligations within their organization.