What is the employee/contractor agreeing to regarding the recitals and representations in the Pearce Bespoke agreement?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
NOW THEREFORE, you acknowledge and agree as follows:
- 1. Recitals and Representations. You agree that the foregoing Recitals and Representations are true and accurate and shall constitute a part of this Agreement and are hereby incorporated into the main body of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 39–172)
What This Means (2025 FDD)
According to Pearce Bespoke's 2025 Franchise Disclosure Document, the employee or contractor is agreeing that the recitals and representations within the Confidentiality and Restrictive Covenant Agreement are true and accurate. These recitals and representations form a part of the agreement and are incorporated into its main body. This agreement is specifically not an employment agreement but a confidentiality agreement related to information, materials, and access provided in connection with the Pearce Bespoke Business.
The recitals and representations section of the agreement outlines the relationship between the franchisee (referred to as "us" or "we") and the employee/contractor (referred to as "you"). It acknowledges that the franchisee independently owns and operates a licensed Pearce Bespoke Business and that the employee/contractor is or is about to be associated with that business. It also states that the employee/contractor may gain access to confidential information and recognizes the need to protect this information.
Furthermore, the agreement clarifies that Pearce Bespoke Franchising, LLC, the franchisor, is a third-party beneficiary of the agreement, even though it is not a direct party to it. By agreeing to these recitals and representations, the employee/contractor acknowledges the importance of maintaining confidentiality and the potential impact of breaching the agreement on both the franchisee and the franchisor. This agreement is a sample form and Pearce Bespoke recommends consulting with an attorney before using the agreement.