What happens if the recipient discloses or misuses any confidential information from Engel & Volkers?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
Recipient acknowledges and agrees that Engel & Völkers will suffer irreparable injury not capable of precise measurement in monetary damages if Recipient discloses or misuses any Confidential Information.
Accordingly, in the event of a breach of this Agreement by Recipient, Recipient consents to entry of interim relief, including, without limitation, the entry of a temporary restraining order, preliminary injunction, permanent injunction, writ of attachment, appointment of a receiver, and any other equitable relief which the court deems necessary in order to prevent irreparable injury, all without the requirement that bond be posted.
Recipient agrees that the award of equitable remedies to Engel & Völkers in the event of such breach is reasonable and necessary for the protection of the business and goodwill of Engel & Völkers.
Recipient hereby agrees to indemnify, hold harmless and, upon request, defend Engel & Völkers, its affiliates, and their respective shareholders, directors, officers, employees and agents (the
"Indemnified Parties"), from and against all suits, proceedings, assessments, losses, claims, demands or actions of any nature or kind whatsoever ("Claims"), directly or indirectly arising out of, or in any manner whatsoever associated or connected with the failure of Recipient to observe and perform its duties and obligations under this Agreement, and against any and all damages, costs, expenses and fees (including, without limitation, reasonable legal expenses and fees), losses, fines or penalties incurred by or on behalf of any of the Indemnified Parties in the investigation or defense of any and all Claims. Recipient further agrees to pay for Franchisor's court costs and reasonable attorney's fees in enforcing this Agreement.
Recipient's obligation to maintain the confidentiality of the Confidential Information, as provided in this Agreement, shall survive any decision by Recipient not to enter a franchise relationship with Engel & Völkers.
Source: Item 23 — RECEIPTS (FDD pages 88–302)
What This Means (2025 FDD)
According to Engel & Volkers' 2025 Franchise Disclosure Document, if a recipient discloses or misuses any confidential information, Engel & Volkers will suffer irreparable injury that cannot be precisely measured in monetary damages. The recipient consents to the entry of interim relief, including a temporary restraining order, preliminary injunction, permanent injunction, writ of attachment, appointment of a receiver, and any other equitable relief deemed necessary by the court to prevent irreparable injury, without requiring a bond. The recipient agrees that awarding equitable remedies to Engel & Volkers is reasonable and necessary to protect the business and goodwill of Engel & Volkers.
Furthermore, the recipient agrees to indemnify, hold harmless, and defend Engel & Volkers, its affiliates, and their shareholders, directors, officers, employees, and agents from all suits, proceedings, assessments, losses, claims, demands, or actions arising from the recipient's failure to perform their duties and obligations under the agreement. This includes any damages, costs, expenses, and fees, including reasonable legal expenses and fees, incurred in the investigation or defense of any claims. The recipient also agrees to pay for Engel & Volkers' court costs and reasonable attorney's fees in enforcing the agreement.
The obligation to maintain the confidentiality of the Confidential Information survives any decision by the recipient not to enter a franchise relationship with Engel & Volkers. This means that even if the recipient decides not to become a franchisee, they are still bound by the confidentiality agreement. The agreement is governed by the laws of the State of New York, and any litigation arising from the agreement will be instituted exclusively in a state or federal court of competent jurisdiction located in New York, NY.