What California law governs the amendments to the Pearce Bespoke franchise documents?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
ss, fictitious name registrations, sales and other tax permits, reporting and payment of all taxes, and any other requirement, rule, law or regulation applicable to Franchisee or in the jurisdiction of the Territory.
If the California Consumer Privacy Act ("CCPA"), Cal. Civ. Code § 1798.100, et seq., or any federal or state privacy law applies to the Pearce Bespoke Franchise, whenever and to the extent Franchisee operates as a "Service Provider" under the CCPA or in a similar capacity under any federal or state privacy law, Franchisee represents, warrants, and covenants that:
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- Franchisee will not sell, make available or otherwise disclose any customer information to any third party for valuable consideration; and
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Source: Item 22 — CONTRACTS (FDD page 39)
What This Means (2025 FDD)
According to the 2025 Pearce Bespoke Franchise Disclosure Document, the California Consumer Privacy Act ("CCPA"), Cal. Civ. Code § 1798.100, et seq., governs the amendments to the franchise documents. Additionally, California Civil Code section 1671 addresses liquidated damages clauses within the franchise agreement, and the California Franchise Investment Law requires that a copy of all proposed agreements relating to the sale of the franchise be delivered together with the disclosure document.
For a Pearce Bespoke franchisee in California, this means that the franchise agreement and its operation must comply with California's consumer privacy laws. If the franchisee operates as a "Service Provider" under the CCPA or similar state/federal privacy law, they must warrant and covenant to adhere to those regulations.
Furthermore, certain provisions in the standard franchise agreement, such as those concerning non-compete clauses and choice of law, may not be enforceable under California law. The FDD also stipulates that any complaints about the Pearce Bespoke website can be directed to the California Department of Financial Protection and Innovation.