What recourse does Zoomin Groomin have in the event of a breach or threatened breach of the Non-Disclosure Agreement?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
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- Obligation to Maintain Confidentiality.
Recipient's duty to hold Confidential Information in confidence shall remain in effect beyond the termination of any relationship between the parties and until the information at issue is no longer confidential, provided that the information is not made non-confidential as a result of a breach by any person or party having a duty of confidentiality.
Source: Item 9 — 01. Financial Statements and Exhibits. (FDD pages 68–156)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the Non-Disclosure Agreement (NDA) between Zoomin Groomin USA LLC and the franchisee aims to prevent unauthorized disclosure of confidential information. This information includes business processes, financial data, trade secrets, customer lists, agreements, manuals, operating materials, and other data provided by Zoomin Groomin to the franchisee. The franchisee is obligated to maintain the confidentiality of this information both during and after the term of the agreement.
The NDA stipulates that the franchisee must not communicate, divulge, or use any confidential information for the benefit of any other person or entity, and must only use the information as authorized by Zoomin Groomin. The franchisee is also required to take reasonable measures to prevent unauthorized access to confidential information in their possession. This obligation extends beyond the termination of the relationship between the parties, lasting until the information is no longer confidential, unless the information becomes non-confidential due to a breach of confidentiality by someone with a duty to maintain it.
The excerpt does not explicitly detail the specific legal recourse Zoomin Groomin has in the event of a breach or threatened breach of the NDA. It outlines the responsibilities of the franchisee regarding confidential information but does not specify the remedies available to Zoomin Groomin, such as injunctive relief, monetary damages, or other legal actions. A prospective franchisee should inquire with Zoomin Groomin about the specific actions the company can take to protect its confidential information in case of a breach or threatened breach of the NDA.