To whom can a potential Cool Binz franchisee disclose Confidential Information, and under what condition?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, a potential franchisee is permitted to disclose Confidential Information to specific third parties during their due diligence process. This allowance is explicitly limited to an attorney, accountant, or business consultant. However, this disclosure is conditional; the prospective franchisee must ensure that these third parties are informed of and agree to comply with all the terms outlined in the Confidentiality and Non-Disclosure Agreement.
This provision allows potential franchisees to seek professional advice when evaluating the Cool Binz franchise opportunity without violating the confidentiality terms set forth by Cool Binz. By limiting the disclosure to these specific professionals, Cool Binz aims to maintain control over its sensitive business information while enabling potential franchisees to make informed decisions. The requirement that these professionals also adhere to the confidentiality agreement provides an additional layer of protection for Cool Binz's proprietary information.
It is important for prospective Cool Binz franchisees to understand the scope and limitations of this clause. They must ensure that any attorney, accountant, or business consultant they engage is fully aware of and willing to abide by the terms of the Confidentiality and Non-Disclosure Agreement. Failure to do so could result in a breach of the agreement, potentially leading to legal repercussions. This requirement is fairly standard in franchise agreements, as franchisors need to protect their intellectual property while allowing franchisees to get sound advice.