Does the Cool Binz Disclosure Document include a Confidentiality/Non-Disclosure Agreement as an exhibit?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPTS]
EXHIBIT A-2 TO THE FRANCHISE DISCLOSURE DOCUMENT
CONFIDENTIALITY/NON-DISCLOSURE AGREEMENT
With respect to determining the feasibility of whether or not to purchase a COOL BINZ franchise, Cool Binz International, LLC, is prepared to provide you with certain financial, business, marketing, and operational information concerning the business operations of Cool Binz International, LLC.
We are able to provide you this information with your explicit understanding and agreement that you recognize and agree that this information is confidential and valuable, and that this information constitutes special and unique proprietary rights and assets of Cool Binz International, LLC.
The term "Confidential Information" shall mean and include any and all information disclosed by us to you relating to the COOL BINZ business and potential trade name and internet web names, whether copyrighted or patented. Provided; however, Confidential Information shall not include information which:
- A. Is disclosed to you following the date of this Agreement by a third party who is not under an obligation to keep the information confidential;
- B. Is or becomes publicly disclosed through no act or omission of yours; and/or
- C. Information previously known by you prior to contact with us.
In accepting this Confidential Information, you agree that you will not disclose it to any third party or make use of it yourself, in any regard, with the exception that it may disclosed to an attorney, accountant or business consultant that you utilize as part of your due diligence process, provided you assure they are informed of and comply with all the terms of this Confidentiality and Non-Disclosure Agreement.
You further agree to maintain the confidentiality of any and all confidential information which has been provided to you in a manner using at least the same degree of care as the manner used to maintain the confidentiality of your most confidential information.
In the event that you do not purchase a COOL BINZ business, or upon our request at any time, you agree to return all materials furnished to you or to certify in writing that such information has been destroyed.
You further recognize that breach of this Confidentiality and Non-Disclosure Agreement by you will cause severe and irreparable damage to Cool Binz International, LLC, and that Cool Binz International, LLC, may pursue all of its rights and remedies after any breach, including specific performance.
Source: Item 22 — CONTRACTS (FDD pages 62–63)
What This Means (2025 FDD)
Yes, according to Cool Binz's 2025 Franchise Disclosure Document, a Confidentiality/Non-Disclosure Agreement is included as Exhibit A-2 to the document. This agreement outlines the terms and conditions under which prospective franchisees can receive confidential information from Cool Binz International, LLC, while evaluating the franchise opportunity. It emphasizes that the information shared is confidential and proprietary to Cool Binz.
The agreement specifies that the confidential information includes financial, business, marketing, and operational details about Cool Binz. It also clarifies what does not constitute confidential information, such as information already publicly available or disclosed by a third party without any obligation of confidentiality. The document states that prospective franchisees are allowed to disclose the information to their attorney, accountant, or business consultant as part of their due diligence process, provided these professionals also comply with the agreement's terms.
Furthermore, the Confidentiality/Non-Disclosure Agreement requires that the recipient protect the confidentiality of the information with at least the same degree of care they use to protect their own most confidential information. If the recipient decides not to purchase a Cool Binz franchise, or if Cool Binz requests it, all materials containing confidential information must be returned or certified as destroyed. The agreement also states that any breach of the agreement could cause significant damage to Cool Binz, allowing them to pursue legal remedies, including specific performance.