factual

What is the Recipient's obligation regarding the use of Confidential Information received from Deka Lash?

Deka_Lash Franchise · 2024 FDD

Answer from 2024 FDD Document

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:

    1. 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.
    1. 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.
    1. 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.
    1. Non-Waiver. No failure or delay by Company in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
    1. Pennsylvania Law. This Agreement is effective upon its acceptance in Pennsylvania by Company's authorized personnel. Pennsylvania governs all claims that in any way relates to or arises out of this Agreement or any of the dealings of the parties ("Claims").
    1. Jurisdiction and Venue. In any suit over any Claims, the parties agree to the sole and exclusive venue and personal jurisdiction in the state and federal court of the city or county of Company's National Office, presently the Pittsburgh, Pennsylvania state and federal courts.

Source: Item 23 — RECEIPT (FDD pages 63–234)

What This Means (2024 FDD)

According to the 2024 Deka Lash Franchise Disclosure Document, a recipient of confidential information from Deka Lash is obligated to protect that information. Confidential Information includes all oral, written, and electronic information furnished by Deka Lash that is not publicly available, encompassing business information, agreements, technical information, marketing materials, manuals, operating materials, and data.

The recipient agrees not to use or disclose the Confidential Information to any third party without Deka Lash's express prior written consent, except to business advisors like CPAs or attorneys with a need to know, or in response to a lawful summons, subpoena, or discovery request. This restriction ensures that sensitive business data remains protected and is not used to the detriment of Deka Lash.

Deka Lash emphasizes the importance of protecting its confidential information by stating that monetary damages would be inadequate to compensate for a breach of this agreement. Therefore, Deka Lash is entitled to immediate injunctive relief to prevent any threatened or further breach of the agreement. This allows Deka Lash to seek a court order to stop the recipient from disclosing or using the confidential information improperly. The franchisor can also pursue other available remedies, including recovering damages from the recipient. The agreement is governed by Pennsylvania law, and any related suits must be filed in the state or federal courts in Pittsburgh, Pennsylvania.

Disclaimer: This information is extracted from the 2024 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.