For Canine Dimensions, to whom should the Franchisee divulge Confidential Information?
Canine_Dimensions Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall divulge such Confidential Information only to such of its Associates as must have access to it in order to operate the Franchised Business. Further, Franchisee shall require its Associates and all other personnel having access to any Confidential Information from Franchisor to execute an agreement that they will maintain the confidentiality of information they receive in connection with their employment by Franchisee at the Franchised Business. Such covenants must be in a form satisfactory to Franchisor and identify Franchisor as a third party beneficiary of the covenants with the independent right to enforce them. Franchisee acknowledges and agrees that the form of confidentiality agreement is a form of agreement only, and that it may or may not be enforceable in a particular jurisdiction. Franchisee is solely responsible for obtaining its own legal advice with respect to the adequacy and enforceability of the terms and provisions of any confidentiality or non-competition agreement Franchisee requires its Associates, employees, agents
and independent contractors to sign.
9.4 Consequences of Breach
Franchisee acknowledges that any failure to comply with the requirements of this Section 9 will cause Franchisor irreparable injury, and Franchisee agrees to pay all court costs and reasonable attorneys' fees incurred by Franchisor in obtaining specific performance of, or an injunction against, violation of the requirements of this Section 9.
Source: Item 22 — CONTRACTS (FDD page 36)
What This Means (2025 FDD)
According to Canine Dimensions' 2025 Franchise Disclosure Document, a franchisee can only share confidential information with their Associates who need it to operate the franchised business.
These Associates and personnel must sign a confidentiality agreement, in a form satisfactory to Canine Dimensions, that protects the confidential information they receive during their employment. Canine Dimensions is identified as a third-party beneficiary, giving them the right to enforce the agreement.
The FDD states that the confidentiality agreement is only a form and may not be enforceable in every jurisdiction. It is the franchisee's responsibility to seek legal advice regarding the adequacy and enforceability of these agreements. Failure to comply with these confidentiality requirements could cause irreparable injury to Canine Dimensions, and the franchisee may be responsible for covering court costs and attorney's fees if Canine Dimensions pursues legal action to enforce these provisions.