What information is NOT considered Dog Haus Confidential Information?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
Dog Haus Confidential Information does not include any information that was in the lawful and unrestricted possession of Area Developer prior to its disclosure by Franchisor; is or becomes generally available to the public by acts other than those of Area Developer after receiving it; has been received lawfully and in good faith by Area Developer from a third party who did not derive it from Franchisor or Area Developer; or is shown by acceptable evidence to have been independently developed by Area Developer.
Source: Item 23 — RECEIPTS (FDD pages 87–328)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, certain types of information are excluded from being classified as "Dog Haus Confidential Information." This is important for prospective franchisees to understand, as it defines the boundaries of what they are obligated to keep secret.
Specifically, information is NOT considered confidential if the Area Developer (or franchisee) already had lawful and unrestricted possession of it before Dog Haus disclosed it. Similarly, information that becomes generally available to the public through means other than the Area Developer's actions is not considered confidential. Information that the Area Developer receives lawfully and in good faith from a third party who did not obtain it from Dog Haus is also excluded. Finally, information that the Area Developer can prove they independently developed is not considered Dog Haus Confidential Information.
This definition provides some protection for franchisees, ensuring they are not penalized for using or knowing information that was already rightfully theirs or has become common knowledge. However, the burden of proof generally falls on the franchisee to demonstrate that the information falls into one of these exceptions. It is important for prospective franchisees to carefully review the definition of confidential information and understand their obligations to protect Dog Haus's proprietary information, while also recognizing the limits of those obligations.