Are Pearce Bespoke's pricing paradigms considered Confidential Information?
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 pricing paradigms established by either the franchisor or the franchisee are considered Confidential Information. This means that these pricing strategies and models are proprietary and protected by Pearce Bespoke. As a franchisee, you are obligated to maintain the confidentiality of these pricing paradigms.
This confidentiality extends to all elements of the Business System, including products, services, equipment, technologies, policies, standards, requirements, criteria, and procedures. The Operations Manual, specifications, sources of supply, procedures, systems, techniques, and activities used in offering and selling products or services are also included. This broad definition of Confidential Information highlights the importance Pearce Bespoke places on protecting its business methods and strategies.
As a Pearce Bespoke franchisee, you are prohibited from copying, duplicating, recording, or reproducing any Confidential Information, sharing it with third parties, or making it available in any electronic format. Upon termination of the Franchise Agreement, you must return or destroy all Confidential Information as requested by Pearce Bespoke. This includes customer lists, training materials, financial records, and the Operations Manual. Franchisees must also ensure that their employees with access to Confidential Information maintain its confidentiality and comply with the confidentiality provisions outlined in the Franchise Agreement. This is reinforced by the requirement that managerial employees sign Confidentiality/Non-Competition Agreements.
Pearce Bespoke retains ownership of all customer lists and information, which it may use for marketing purposes during and after the term of the Franchise Agreement. This underscores the franchisor's control over customer data and its use in promoting the Pearce Bespoke brand. Overall, these measures are designed to protect Pearce Bespoke's competitive advantage and ensure the consistent operation of all franchise locations.