Under what circumstances is a Cool Binz franchisee allowed to disclose Confidential Information?

According to the 2025 Cool Binz Franchise Disclosure Document, franchisees are generally prohibited from disclosing Confidential Information. However, there are specific exceptions outlined in the agreement. A franchisee may disclose Confidential Information if it: (a) is now public knowledge or later becomes public knowledge without any fault of the franchisee; (b) is properly provided to the franchisee without any restrictions by a third party who also has no restrictions on the information; or (c) is required to be disclosed by a competent court or governmental authority.

In the event that a court or governmental authority requires disclosure, the Cool Binz franchisee must provide prompt written notice to Cool Binz. The franchisee is obligated to disclose only the portion of Confidential Information that they are legally required to reveal. Additionally, the franchisee must inform the governmental authority of their confidentiality obligations under the Franchise Agreement and seek protective orders or other assurances to ensure confidential treatment of the disclosed information that is satisfactory to Cool Binz.

Prior to purchasing a Cool Binz franchise, prospective franchisees may receive Confidential Information, but they agree not to disclose it to any third party or use it themselves. An exception is made for disclosure to an attorney, accountant, or business consultant involved in the franchisee's due diligence, provided these professionals are informed of and comply with the Confidentiality and Non-Disclosure Agreement. This agreement ensures that even during the evaluation phase, the confidentiality of Cool Binz's proprietary information is protected.