Does the definition of 'Confidential Information' for Pearce Bespoke include the contents of sourcing agreements?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
Confidential Information includes (without limitation): all elements of the Business System and all products, services, equipment, technologies, policies, standards, requirements, criteria and procedures that now or in the future are part of the Business System; Franchisor's Operations Manual (including supplements to the Manual); all specifications, sources of supply, all procedures, systems, techniques and activities employed by Franchisor or Franchisee in the offer and sale of products and or services at the Pearce Bespoke Franchise; all pricing paradigms established by Franchisor or by Franchisee; all of Franchisor's and/or Franchisee's sources (or prospective sources) of supply and all information pertaining to same (including wholesale pricing structures, the contents of sourcing agreements and identity of suppliers); Franchisor's specifications, and Franchisee's final plans, for the construction, build-out, design, renovation, décor, equipment, signage, furniture, items and trade dress elements of the Pearce Bespoke Franchise; the identity of, and all information relating to, the computer and DRS POS hardware and software utilized by Franchisor and Franchisee; all information pertaining to Franchisor's and Franchisee's advertising, marketing, promotion and merchandising campaigns, activities, materials, specifications and procedures; all customer lists, customer data and other records generated and/or otherwise maintained by the Pearce Bespoke Franchise; Franchisor's Internet Code of Conduct, social media policy, internet/web protocols, procedures and content; Franchisor's training and other instruction programs and materials; all communications between Franchisor and Franchisee (including the financial and other reports Franchisee is required to submit to Franchisor under the Agreement); additions to, deletions from and modifications and variations of the components of the Business System and all other information, knowledge and know-how which Franchisor and its affiliates, now or in the future, designate as confidential.
Source: Item 22 — CONTRACTS (FDD page 39)
What This Means (2025 FDD)
According to Pearce Bespoke's 2025 Franchise Disclosure Document, the definition of 'Confidential Information' explicitly includes the contents of sourcing agreements. This means that as a franchisee, you are obligated to keep the details of these agreements secret. This extends not only to the agreements themselves but also to related information such as wholesale pricing structures and supplier identities.
Pearce Bespoke franchisees must understand that this confidentiality extends beyond the term of the franchise agreement. Franchisees are prohibited from disclosing or using this information for the benefit of any third party, even after the agreement expires or terminates. This restriction is designed to protect Pearce Bespoke's competitive advantage and maintain the integrity of its business system.
The FDD also states that all employees with managerial duties or access to confidential information must sign confidentiality agreements. Pearce Bespoke franchisees are responsible for ensuring that these agreements are in place and are vigorously enforced. Failure to do so could result in liability for any losses or damages suffered by Pearce Bespoke as a result of the breach of confidentiality. This highlights the importance of carefully managing and protecting confidential information within the Pearce Bespoke franchise system.