What is the definition of 'Confidential Information' in the Zoomin Groomin Franchise Agreement?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
6.1.Definition
The term "Confidential Information" is defined as non-public sensitive or proprietary material related to our Franchise System, relationship with you or the Franchise Business whether provided by us or by you. The disclosure may be oral or written in any form including tangible, intangible and electronic media regardless whether it is marked. For the avoidance of doubt, Confidential Information includes Client lists, performance data and reports from our Franchise System along with any notes, summaries or other derivative works. Confidential Information does not include material that: a) you possessed more than thirty (30) days before the Effective Date of any contract between us, b) independently developed, c) obtained from a third party with no corresponding obligation of confidentiality, or d) in the public domain.
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, 'Confidential Information' is defined as non-public, sensitive, or proprietary material related to the Zoomin Groomin Franchise System, the franchisee's relationship with Zoomin Groomin, or the Franchise Business. This information can be provided by either Zoomin Groomin or the franchisee and can be disclosed orally or in writing, regardless of whether it is marked as confidential.
For clarity, the 2025 FDD specifies that Confidential Information includes client lists, performance data, and reports from the Franchise System, along with any notes, summaries, or other derivative works. However, the definition excludes material that the franchisee possessed more than thirty (30) days before the effective date of any contract between them, material that was independently developed, information obtained from a third party without any confidentiality obligation, or information already in the public domain.
This definition places a significant responsibility on the Zoomin Groomin franchisee to protect sensitive business information. Franchisees must not directly or indirectly disclose, publish, or share any Confidential Information with third parties without prior written consent from Zoomin Groomin. Franchisees are permitted to share Confidential Information with their employees or agents who need it to perform essential job functions, provided those individuals are also subject to equivalent confidentiality restrictions. Franchisees can only use Confidential Information to fulfill their obligations under the Franchise Agreement and must avoid using it for their own benefit or in a way that could harm Zoomin Groomin, including using it in a competing business.