In the Pearce Bespoke Confidentiality and Restrictive Covenant Agreement, who is referred to as 'us', 'our', or 'we'?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement (the "Agreement") is entered into by the undersigned ("you") in favor of:
[On the Line Below, Insert Name of Franchisee that Owns and Operates the Pearce Bespoke Franchised Business] (hereinafter referred to as "us", "our" or "we")
Recitals and Representations
WHEREAS, we are the owners of a licensed Pearce Bespoke Business (hereinafter referred to as the "Pearce Bespoke Business") that we independently own and operate as a franchisee;
WHEREAS, you are or are about to be an employee, independent contractor, officer and/or director of a Pearce Bespoke Business that is independently owned and operated by us;
WHEREAS, in the course of your employment, independent contractor relationship and/or association with us, you may gain access to Confidential Information (defined below in this Agreement) and you understand that it is necessary to protect the Confidential Information and for the Confidential Information to remain confidential;
WHEREAS, our franchisor, Pearce Bespoke Franchising, LLC is not a party to this agreement and does not own or manage the Pearce Bespoke Business but is an intended third-party beneficiary of this Agreement; and
Source: Item 23 — RECEIPTS (FDD pages 39–172)
What This Means (2025 FDD)
According to the 2025 FDD, the Confidentiality and Restrictive Covenant Agreement used by Pearce Bespoke refers to 'us', 'our', or 'we' as the franchisee that owns and operates the Pearce Bespoke franchised business. The document provided in the FDD is a sample form that the franchisor may approve for use by the franchisee. It is recommended that the franchisee have the agreement reviewed and approved by an independent local attorney before using it with an employee or contractor. Pearce Bespoke Franchising, LLC is not a party to this agreement but is an intended third-party beneficiary of this agreement.
The agreement is between the employee, independent contractor, officer and/or director of the Pearce Bespoke Business and the franchisee. The agreement is to protect confidential information that the employee, independent contractor, officer and/or director may gain access to. This includes non-public methods, specifications, standards, policies, procedures, information, concepts, programs and systems relating to the development, establishment, marketing, promotion and operation of Pearce Bespoke. It also includes information concerning customers, customer lists, email lists, database lists, product sales, operating results, financial performance and other financial data of Pearce Bespoke.
Pearce Bespoke's confidentiality agreement also covers customer lists and information related to the Pearce Bespoke Business, Business Management System Data, current and future information contained in the Pearce Bespoke Operations Manual, and production and service procedures that are not disclosed to the public but used by the Pearce Bespoke Business. The agreement defines terms such as Business Management System, Business Management System Data, Confidential Information, Digital Media, Licensed Marks, Operations Manual, and Trade Dress to ensure clarity and prevent disputes.