Besides equitable relief, what other remedies are available to Zoomin Groomin for a breach of the Non-Disclosure Agreement?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event of such breach, Company shall, in addition to any equitable relief, be entitled to any other remedy provided by law, including the award of damages.
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- Indemnity. Recipient agrees to defend, indemnify, and hold harmless Company and its affiliates, officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third-party claims, losses, damages, and costs, including reasonable attorney's fees and expenses, resulting from any breach of this Agreement by Recipient.
Source: Item 9 — 01. Financial Statements and Exhibits. (FDD pages 68–156)
What This Means (2025 FDD)
According to Zoomin Groomin's 2025 Franchise Disclosure Document, in the event of a breach of the Non-Disclosure Agreement, Zoomin Groomin is entitled to any other remedy provided by law, including the award of damages, in addition to equitable relief. Zoomin Groomin is also entitled to an injunction restraining the recipient and the recipient waives the posting of a bond by Zoomin Groomin on any preliminary, temporary, or permanent injunction obtained by Zoomin Groomin.
Furthermore, the recipient of confidential information agrees to defend, indemnify, and hold harmless Zoomin Groomin and its affiliates, officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third-party claims, losses, damages, and costs, including reasonable attorney's fees and expenses, resulting from any breach of this Agreement by Recipient.
This means that if a franchisee or any recipient of Zoomin Groomin's confidential information violates the Non-Disclosure Agreement, Zoomin Groomin can pursue legal remedies to recover financial losses and damages resulting from the breach. This could include compensation for lost profits, legal fees, and other costs incurred as a result of the unauthorized disclosure or use of confidential information. The indemnity clause further protects Zoomin Groomin from any liabilities arising from third-party claims related to the franchisee's breach.