Is a Mr. Sandless franchisee's spouse prohibited from using confidential information?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
. If the franchisee is a corporation, partnership, limited liability company or other entity, the term "you" includes the principals of the corporation, partnership, limited liability company or other entity unless otherwise stated. If you are married and your spouse is not a partner in the franchise business, certain provisions of our Franchise Agreement will also apply to that spouse.
We are a Pennsylvania limited liability company which was formed on September 8, 2005. Our principal business address is 2970 Concord Rd, Aston, Pennsylvania, 19014. We do business under our operating name, "Mr. Sandless" and its associated design (the "Marks"). Our President, Daniel J. Prasalowicz, is the owner of the Marks and has licensed use of the Marks to us.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 29–30)
What This Means (2025 FDD)
According to the 2025 Mr. Sandless Franchise Disclosure Document, if a franchisee is married and their spouse is not a partner in the franchise business, certain provisions of the Franchise Agreement will also apply to that spouse. Furthermore, the franchisee, including their partners, officers, directors, shareholders, employees, and their respective heirs, successors, and assigns, are prohibited from using or disclosing any Confidential Information in any manner other than as permitted by Mr. Sandless. They must also execute a Confidentiality and Non-Compete Agreement.
This means that while the FDD does not explicitly state that a spouse is prohibited from using confidential information, the agreement extends certain provisions to the spouse. The franchisee is required to ensure that confidential information is protected, and they, along with their listed parties, must sign a Confidentiality and Non-Compete Agreement.
Therefore, a prospective Mr. Sandless franchisee should carefully review the Franchise Agreement and the Confidentiality and Non-Compete Agreement (Attachment 4) to understand the specific obligations and restrictions placed on their spouse regarding the use of confidential information. It is important to clarify with Mr. Sandless what specific provisions apply to the spouse and the extent of their responsibilities to avoid any potential breaches or misunderstandings.