Does a Zoomin Groomin franchisee waive any rights in the event of a breach of the confidentiality agreement?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
EXHIBIT G NON-DISCLOSURE AGREEMENT
THIS NON-DISCLOSURE AGREEMENT ("Agreement") is entered into this day of, 20 ("Effective Date"), by and between Zoomin Groomin USA LLC ("Company"), a Virginia limited liability company at 780 Lynnhaven Pkwy, Suite 240, Virginia Beach, VA 23452, and ("Recipient") for the purpose of preventing the unauthorized disclosure of Company's Confidential Information.
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- Confidential Information. "Confidential Information" means all information or data (oral, written, and electronic) disclosed or furnished by Company to Recipient, including but not limited to all business processes and information, negotiations and negotiated terms to the Franchise Agreement or other Agreement between the parties, financial data, trade secrets, customer lists, agreements, manuals, operating materials, knowledge, know-how, and all other data, regardless of whether such information is designated as "Confidential Information" at the time of its disclosure.
Confidential Information does not include information (a) already in Recipient's possession before receipt from Company; (b) that is a matter of public knowledge through no fault of Recipient; or (c) that is rightfully received by Recipient from a third party not owing a duty of confidentiality to Company.
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- Use of Confidential Information.
Recipient shall not, directly or indirectly, during the term of this Agreement or thereafter, communicate, divulge, or use any Confidential Information for the benefit of any other person, partnership, association, or corporation and shall use the Confidential Information only as authorized by Company.
Recipient agrees to take reasonable measures to prevent unauthorized persons or entities from accessing Confidential Information in Recipient's possession.
Source: Item 9 — 01. Financial Statements and Exhibits. (FDD pages 68–156)
What This Means (2025 FDD)
Based on the 2025 Zoomin Groomin Franchise Disclosure Document, Exhibit G outlines the Non-Disclosure Agreement that a recipient, such as a franchisee, enters into with Zoomin Groomin USA LLC. This agreement focuses on preventing the unauthorized disclosure of the company's confidential information. The document defines "Confidential Information" broadly, encompassing all data disclosed by Zoomin Groomin to the recipient, including business processes, financial data, trade secrets, customer lists, and operating materials.
The agreement explicitly states that the recipient is prohibited from communicating, divulging, or using any Confidential Information for the benefit of any other party. The recipient is obligated to use the Confidential Information only as authorized by Zoomin Groomin. Furthermore, the recipient must take reasonable measures to prevent unauthorized access to Confidential Information in their possession.
The Non-Disclosure Agreement does not contain any explicit waivers of rights related to breaches of the agreement. The document outlines the scope of confidential information, the obligations of maintaining confidentiality, and the permitted uses of the information, but it does not specify any clauses where a franchisee would waive rights in the event of a breach. A prospective franchisee should consult legal counsel to fully understand their rights and obligations under the agreement and what recourse Zoomin Groomin may pursue in the event of a breach.