Who at a Pearce Bespoke franchise is required to sign a Confidentiality/Non-Competition Agreement?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
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, certain individuals associated with a Pearce Bespoke franchise must sign a Confidentiality/Non-Competition Agreement. This requirement applies to all of the franchisee's employees who have managerial duties and access to the franchisor's confidential information. The agreement aims to protect Pearce Bespoke's proprietary information by preventing its disclosure during and after the term of employment.
If the franchisee is a corporation, all corporate officers, directors, and shareholders must sign the agreement. If the franchisee is a partnership, all partners are required to sign. The franchisee must provide copies of the executed agreements to Pearce Bespoke upon request.
The franchisee is responsible for enforcing these agreements and must take legal action against any breaches. Pearce Bespoke also retains the right to enforce these agreements independently. The franchisee is also responsible for breaches of the agreement even by individuals who have not signed it. The franchisee must indemnify Pearce Bespoke against any losses resulting from the failure to obtain these agreements from the required personnel.