Does the definition of 'Confidential Information' for Pearce Bespoke include the identity of suppliers?
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' includes the identity of suppliers. The FDD specifies that confidential information includes all of Pearce Bespoke's sources (or prospective sources) of supply and all information pertaining to the same, including the identity of suppliers. This means that franchisees are obligated to protect the confidentiality of Pearce Bespoke's supplier information.
As a Pearce Bespoke franchisee, you are prohibited from divulging supplier identities or any related information to third parties. This restriction applies not only during the term of the franchise agreement but also after its expiration or termination. The aim is to prevent competitors from gaining access to Pearce Bespoke's supply chain and potentially undermining its competitive advantage.
This obligation extends to the franchisee's personnel as well. The franchisee must ensure that their employees with access to confidential information, including supplier details, also maintain confidentiality. This is typically achieved through confidentiality agreements. Failure to protect this information could result in legal repercussions and damage to the Pearce Bespoke brand.
Pearce Bespoke retains ownership of customer lists and information, and may use this information to market to the franchisee's customers both during and after the franchise term. The franchisee must execute any documents required by Pearce Bespoke to ensure access to this information.