What remedy is available to Zoomin Groomin in the event of a breach or threatened breach of the confidentiality agreement?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Injunctive Relief. In the event of a breach or threatened breach of this Agreement, Company shall be entitled to an injunction restraining Recipient.
Recipient waives
the posting of a bond by Company on any preliminary, temporary, or permanent injunction obtained by Company.
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.
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- Governing Law/Venue. This Agreement and any disputes arising from or related to it, or the parties' dealings ("Claims"), will be governed by Virginia law without regard to its rules of conflict or choice of laws.
The parties also agree to bring any Claims solely in the state and federal courts closest to Virginia Beach, Virginia.
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- Jury Waiver.
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 or threatened breach of the Non-Disclosure Agreement, Zoomin Groomin is entitled to an injunction restraining the recipient of confidential information. This means Zoomin Groomin can seek a court order to stop the unauthorized use or disclosure of its confidential information. The franchisee, as the recipient, waives the requirement for Zoomin Groomin to post a bond for any preliminary, temporary, or permanent injunction obtained.
In addition to injunctive relief, Zoomin Groomin is entitled to any other remedy provided by law, including damages, to compensate for losses resulting from the breach. The recipient of confidential information also agrees to defend, indemnify, and hold harmless Zoomin Groomin from any third-party claims, losses, damages, and costs, including attorney's fees, arising from a breach of the agreement. This means the franchisee is responsible for covering Zoomin Groomin's legal expenses and any liabilities to third parties if the franchisee violates the confidentiality agreement.
The agreement is governed by Virginia law, without regard to its rules of conflict or choice of laws. Any claims or disputes must be brought in the state and federal courts closest to Virginia Beach, Virginia. This clause establishes the legal framework and venue for resolving disputes related to the confidentiality agreement. The recipient also waives their right to a jury trial.