For Cool Binz franchisees in California, what rights are expressly waived and relinquished?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
This is an addendum to the Agreement between Franchisor and Franchisee.
Notwithstanding anything to the contrary in the Franchise Agreement, if there is a conflict between the terms of this Addendum and the terms of your Franchise Agreement, the terms of this Addendum shall control and supersede the Franchise Agreement. Any terms not defined herein shall have the same meanings as in the Franchise Agreement and any references to sections and paragraphs refer to the sections and paragraphs of the Franchise Agreement unless stated otherwise.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledges by each of the parties signing below, it is hereby agreed and understood that the following will supersede the Sections of the Franchise Agreement listed below:
13.D. COVENANT NOT TO COMPETE.
You acknowledge and reaffirm that the COOL BINZ customer list developed under your Franchise Agreement, is the sole and exclusive proprietary information of Cool Binz International, LLC, and you have no ownership right(s) or any other interest in this customer list except as a COOL BINZ franchisee. In the event of any future termination and/or expiration of your franchise agreement with Cool Binz International, LLC, you will not retain, in any form, a copy of this customer list. You further agree not to market to, service or otherwise deal with any customers on the list for leasing or portable storage containers, devices and equipment, including, climatecontrolled and non-climate-controlled storage containers, mobile offices, mobile refrigeration units and/or freezers for a period of 18 months after the termination and/or expiration of your Franchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to the 2025 Cool Binz Franchise Disclosure Document, a California franchisee acknowledges that the Cool Binz customer list developed under their Franchise Agreement is the sole and exclusive proprietary information of Cool Binz International, LLC. The franchisee has no ownership rights or any other interest in this customer list except as a Cool Binz franchisee.
Upon termination or expiration of the franchise agreement, the franchisee cannot retain any form of the customer list. Furthermore, the franchisee agrees not to market to, service, or otherwise deal with any customers on the list for leasing or portable storage containers, devices, and equipment, including climate-controlled and non-climate-controlled storage containers, mobile offices, mobile refrigeration units, and/or freezers for a period of 18 months after the termination and/or expiration of their Franchise Agreement.
This addendum clarifies the restrictions on using the Cool Binz customer list after the franchise agreement ends, specifically preventing the franchisee from leveraging this information for their own benefit or a competing business for a specified period. This is a fairly standard practice in franchising to protect the franchisor's customer base and proprietary information.