Does the definition of 'Confidential Information' for Pearce Bespoke include wholesale pricing structures?
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 wholesale pricing structures. This means that as a franchisee, you are obligated to protect the confidentiality of this information, as it is considered a trade secret vital to Pearce Bespoke's business operations.
The FDD specifies that 'Confidential Information' encompasses a wide array of data, including pricing paradigms and details related to sources of supply, such as wholesale pricing structures. This extends to all information pertaining to the sources of supply, including the contents of sourcing agreements and the identities of suppliers. This broad definition ensures that sensitive information related to Pearce Bespoke's supply chain and pricing strategies remains protected.
As a Pearce Bespoke franchisee, you are prohibited from divulging or using any of this confidential information for the benefit of any third party, both during and after the term of the franchise agreement. You are also responsible for ensuring that your employees who have access to this information maintain its confidentiality. This obligation is reinforced by the requirement that managerial employees sign Confidentiality/Non-Competition Agreements.
The implications of this are significant: failure to protect this information could lead to legal repercussions and damage the competitive advantage of Pearce Bespoke. Prospective franchisees should understand the importance of maintaining strict confidentiality and implementing appropriate safeguards to prevent unauthorized disclosure.