What information is explicitly excluded from the definition of 'Confidential Information' for Dog Haus?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
databases, relationships between Franchisor and other companies, persons or entities, knowledge or know-how concerning the methods of operation of the Dog Haus Restaurant which may be communicated to Area Developer, or of which Area Developer may be apprised under the terms of this Agreement, and any other information or material considered proprietary by Franchisor whether or not designated as confidential information by Franchisor, that is not generally known by the public, or which derives independent economic value (actual or potential) from not being generally known to the public or persons unaffiliated with Franchisor or its affiliates and which is the subject of efforts by Franchisor that are reasonable under the circumstances to maintain its secrecy, and any other information in oral, written, graphic or electronic form which, given the circumstances surrounding its disclosure, would be considered confidential (collectively, the "Dog Haus Confidential Information"). 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 explicitly excluded from being considered '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 it meets any of the following conditions: it was already in the lawful and unrestricted possession of the Area Developer (franchisee) before Dog Haus disclosed it; it becomes generally available to the public through means other than the franchisee's actions after they receive it; it is lawfully received in good faith by the franchisee from a third party who did not obtain it from Dog Haus or the franchisee; or it can be demonstrated through acceptable evidence that the franchisee independently developed the information.
This means a Dog Haus franchisee is not obligated to keep information confidential if they already knew it, if it becomes public knowledge through no fault of their own, if they receive it legitimately from another source, or if they independently develop it themselves. This provides some clarity and protection for the franchisee, ensuring they are not unduly restricted from using information they rightfully possess or that is already in the public domain.