What is considered Confidential Information under the Deka Lash Confidentiality and Non-Disclosure Agreement?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
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- Definition. Confidential Information shall include all oral, written, and electronic information which is furnished by Company to Recipient in connection with the Opportunity and which is not available to the public, including but not limited to all business information, agreements, technical information, marketing, manuals, operating materials, and data.
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- Restricted Use. Recipient agrees that the Confidential Information will not be used or disclosed to any third party except business advisors such as CPA's or attorneys with a need to know, or in response to a lawful summons, subpoena, or discovery request, without the express prior written consent of Company.
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- Injunctive Relief. Recipient acknowledges that the remedy at law for any breach by it of the terms of this Agreement shall be inadequate and that the damages resulting from such breach are not readily susceptible to being measured in monetary terms. Accordingly, in the event of a breach or threatened breach by Recipient of the terms of this Agreement, Company shall be entitled to immediate injunctive relief and may obtain a temporary order restraining any threatened or further breach. Nothing herein shall be construed as prohibiting Company from pursuing any other remedies available to Company for such breach or threatened breach, including the recovery of damages from Recipient. Recipient further represents that it understands and agrees that the provisions of this Agreement shall be strictly enforced and construed against it.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, Confidential Information includes all oral, written, and electronic information furnished by the company to the recipient in connection with the franchise opportunity that is not available to the public. This encompasses a broad range of data, including but not limited to all business information, agreements, technical information, marketing strategies, manuals, operating materials, and data.
The agreement specifies that the recipient is restricted from using or disclosing this Confidential Information to any third party, except for business advisors like CPAs or attorneys with a need to know, or when responding to a lawful summons, subpoena, or discovery request. Any other disclosure requires the express prior written consent of Deka Lash.
The document emphasizes the importance of protecting this information by stating that legal remedies may be inadequate in case of a breach. Deka Lash is entitled to immediate injunctive relief to prevent any breach or threatened breach of the agreement. This means Deka Lash can seek a court order to stop the franchisee from disclosing confidential information. Additionally, Deka Lash retains the right to pursue other available remedies, including recovering damages from the recipient for any breach.