factual

What sections of the Cool Binz agreement address confidentiality and non-disclosure?

Cool_Binz Franchise · 2025 FDD

Answer from 2025 FDD Document

connection with the franchise.

The undersigned does hereby acknowledge receipt of this addendum.
Dated this day of 20
FRANCHISOR FRANCHISEE
COOL BINZ INTERNATIONAL, LLC By: Name: Title: Date: By: Name: Title: Date:

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.

Please indicate that you agree to the conditions, as stated above, under which confidential information will be furnished to you by signing a copy of this letter in the space provided below.

ACKNOWLEDGED:
By: Signature Date:

EXHIBIT A-3 TO THE FRANCHISE DISCLOSURE DOCUMENT

GENERAL RELEASE(S)

GENERAL RELEASE – REQUIRED UPON RENEWAL

THIS SETTLEMENT AND RELEASE is being made by and between COOL BINZ INTERNATIONAL, LLC ("FRANCHISOR") and [Name] (together referred to as the "FRANCHISE OWNER" and/or "you") resident of [State], and [Corp/LLC,] ("Franchisee") and shall be effective as of the date of the last signature below.

W I T N E S S E T H:

WHEREAS, FRANCHISOR and FRANCHISE OWNER(S) entered into Franchise Agreement on the [date] (the "Franchise Agreements") for the operation of a COOL BINZ business in a defined territory(s) in the state of [State] (the "Business"), which Franchise Agreements is being renewed;

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by and between each of the parties, it is agreed and understood as follows:

    1. FRANCHISE OWNER(S) and FRANCHISOR have agreed upon new renewal Franchise Agreements, to be executed contemporaneously with this Mutual Release, which will replace your original Franchise Agreements, thus continuing FRANCHISE OWNER(S) rights to operate a COOL BINZ business within a Territory, as defined in the Franchise Agreement in the State of [State].
    1. In reliance upon the execution of renewal Franchise Agreements, the parties agree to the following mutual releases:
  • A. FRANCHISE OWNER(S) and FRANCHISEE, for themselves and for their employees, agents, heirs, successor and assigns, and for every other person, firm, entity, and/or corporation succeeding to the interest of FRANCHISE OWNER(S) and/or FRANCHISEE, hereby releases, acquits, and forever discharges FRANCHISOR and its directors, officers, shareholders, employees, agents, legal representatives, successors and assigns, and every other person, firm, entity, and/or corporation succeeding to its interests, from any and all claims, actions, causes of action, demands, costs, losses, expenses and suits whatsoever and of every conceivable kind, character, and nature, whether absolute or contingent, and whether known or unknown, which either party may have against the other, by reason of, or arising out of, or in any way related to any acts or omissions of the other party occurring prior to the date of this Release.
  • B.

Source: Item 23 — RECEIPTS (FDD pages 63–238)

What This Means (2025 FDD)

According to Cool Binz's 2025 Franchise Disclosure Document, several sections address confidentiality and non-disclosure. Exhibit A-2 is a Confidentiality/Non-Disclosure Agreement that the prospective franchisee must agree to before receiving confidential information regarding the Cool Binz business. This agreement covers the definition of confidential information, the franchisee's obligations to protect it, and the consequences of breaching the agreement.

The Franchise Agreement itself also contains clauses pertaining to confidentiality. It states that the franchisee acknowledges Cool Binz's ownership of confidential information and agrees to maintain its confidentiality during and after the term of the agreement. This includes restrictions on using the information in any other business, making unauthorized copies, and implementing procedures to prevent unauthorized disclosure. Upon termination of the agreement, the franchisee must return all confidential information.

Furthermore, Cool Binz requires franchisees to ensure that their employees also sign non-disclosure and confidentiality agreements. These agreements, specified or approved by Cool Binz, prohibit employees from disclosing trade secrets, customer lists, or other confidential information related to the Cool Binz system. These agreements also aim to prevent employees from soliciting Cool Binz customers, except in their capacity as employees of the Cool Binz business. These measures collectively aim to protect Cool Binz's proprietary information and maintain a competitive advantage.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.