Where can I find the Pearce Bespoke Form of Confidentiality and Noncompete Agreement in the Disclosure Document?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
B. Confidentiality/Non-Competition Agreements.
All of Franchisee's employees who have managerial duties with respect to the Pearce Bespoke Franchise and who have access to Confidential Information of Franchisor, as well as all corporate officers, directors, and shareholders if Franchisee is a corporation (all partners if Franchisee is a partnership), must sign Confidentiality/Non-Competition Agreements in a form satisfactory to Franchisor, agreeing to maintain the confidentiality, during the course of their agreement and thereafter, of all information Franchisor copyrights or designates as confidential and proprietary. Copies of the executed agreements will be provided to Franchisor upon request.
Franchisee agrees to vigorously and vigilantly prosecute to the fullest extent permitted by law breaches of any Confidentiality/Non-Competition Agreement executed pursuant to this provision, and acknowledge Franchisor's right, to be exercised as Franchisor alone determines, to enforce the terms of any such executed Confidentiality/Non-competition Agreement. If the substantive provisions of the Confidentiality/Non-Competition Agreement have been breached by an individual employed, engaged, or otherwise serving the Pearce Bespoke Franchise who has not executed a Confidentiality/Non-Competition Agreement Franchisee must nevertheless vigorously and vigilantly prosecute such conduct to the fullest extent permitted by law. Franchisee shall indemnify and hold Franchisor harmless from any and all liability, loss, attorneys' fees, or damage Franchisor may suffer as a result of Franchisee's failure to obtain executed Confidentiality/Non-Competition Agreements from employees, agents and third persons as required by this Section.
Source: Item 22 — CONTRACTS (FDD page 39)
What This Means (2025 FDD)
According to Pearce Bespoke's 2025 Franchise Disclosure Document, Item 22, Contracts, Section B, discusses Confidentiality/Non-Competition Agreements. It states that all of a franchisee's employees with managerial duties who have access to the franchisor's Confidential Information, as well as all corporate officers, directors, and shareholders (or all partners if the franchisee is a partnership), must sign Confidentiality/Non-Competition Agreements. These agreements must be in a form satisfactory to Pearce Bespoke.
The agreement requires these individuals to maintain the confidentiality of all information that Pearce Bespoke copyrights or designates as confidential and proprietary, both during and after their association with the franchise. The franchisee must provide copies of the executed agreements to Pearce Bespoke upon request.
The franchisee is responsible for vigorously prosecuting any breaches of these agreements. Even if an individual who has access to confidential information has not signed an agreement, the franchisee is still obligated to prosecute any breaches of confidentiality to the fullest extent of the law. The franchisee must also indemnify Pearce Bespoke against any losses or damages resulting from the franchisee's failure to obtain these agreements from the required individuals. While the FDD discusses the requirements for the agreement, it does not include the actual form of the agreement itself.