Under what circumstances can the terms of the Cool Binz Mutual Release be disclosed?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
-
- The foregoing restrictions will not apply to the information that:
- a. is now public knowledge or hereafter becomes public knowledge through no fault of yours;
- b. is properly provided to you without restriction by a third party having no such restriction;
- c. is required to be disclosed by order of a competent court or governmental authority, provided, however, that you provide us with prompt written notice of any claim or litigation that could give rise to such a requirement, you furnish only that portion of the Confidential Information that you are required to disclose, and you advise the governmental authority of your confidentiality obligations under this Agreement and seek to obtain appropriate protective orders or other assurance satisfactory to us of confidential treatment for the information required to be so disclosed.
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to the 2025 Cool Binz Franchise Disclosure Document, the standard confidentiality restrictions do not apply to information that is required to be disclosed by order of a competent court or governmental authority. However, Cool Binz requires that the franchisee provide prompt written notice of any claim or litigation that could give rise to such a requirement.
Additionally, the franchisee must only furnish the portion of the Confidential Information that they are required to disclose. The franchisee must also advise the governmental authority of their confidentiality obligations under the Franchise Agreement and seek to obtain appropriate protective orders or other assurance satisfactory to Cool Binz of confidential treatment for the information required to be so disclosed.
This means that while a Cool Binz franchisee may be compelled to disclose confidential information under certain legal circumstances, they have a responsibility to inform Cool Binz, limit the disclosure to only what is legally required, and seek protective measures to maintain confidentiality to the greatest extent possible. This protects Cool Binz's proprietary information while ensuring the franchisee complies with legal obligations.