What remedies are available to Zoomin Groomin in the event of a 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.
Source: Item 9 — 01. Financial Statements and Exhibits. (FDD pages 68–156)
What This Means (2025 FDD)
The 2025 Zoomin Groomin Franchise Disclosure Document includes a Non-Disclosure Agreement (NDA) as Exhibit G. This agreement aims to protect Zoomin Groomin's confidential information, which includes business processes, financial data, trade secrets, customer lists, and operating materials. The NDA requires the recipient to maintain the confidentiality of this information both during and after the term of the agreement.
However, the provided excerpts from the Zoomin Groomin FDD do not explicitly state the remedies available to Zoomin Groomin in the event of a breach of the Non-Disclosure Agreement. The document outlines the franchisee's obligations regarding confidential information but does not detail the specific legal or financial repercussions if the franchisee violates the NDA.
A prospective Zoomin Groomin franchisee should inquire with the franchisor about the specific remedies Zoomin Groomin can pursue if the franchisee breaches the Non-Disclosure Agreement. This would include understanding what legal actions, such as injunctions or monetary damages, Zoomin Groomin could take to address a breach and protect its confidential information. Knowing these remedies is crucial for understanding the full scope of the franchisee's obligations and potential liabilities under the NDA.