With respect to determining whether or not to purchase a franchise, the franchisor will provide you with certain financial, business, marketing, and operational information concerning the franchisor’s business operations.
The franchisor is able to provide you this Information with your explicit understanding and agreement that you recognize and agree that this information is confidential and valuable, and that this information constitutes special and unique proprietary rights and assets of the franchisor.
The term “Confidential Information” shall mean and include any and all information disclosed by franchisor to you relating the business and potential trade name and internet web names, whether copyrighted or patented. Provided; however, confidential information shall not include information which:
A. Is disclosed to you following the date of this Agreement by a third party who is not under
an obligation to keep the information confidential;
B. Is or becomes public ally disclosed through no act or omission of yours; and/or
C. Information previously known by you prior to contact with the franchisor.
In accepting this information, you agree not disclose the franchisors information to any third party or make use of it yourself, in any regard, with the exception that it may disclosed to an attorney, accountant or business consultant that you utilize as part of your due diligence process, provided you assure they are informed of and comply with all the terms of this Non-Disclosure Agreement.
You further agree to maintain the confidentiality of any and all confidential information which has been provided to you in a manner using at least the same degree of care as the manner used to maintain the confidentiality of your most confidential information.
In the event that you do not purchase the franchise, or upon our request at any time, you agree to return all materials furnished to your or to certify in writing that such information has been destroyed.
You further recognize that breach of this Confidentiality and Non-Disclosure Agreement by you will cause severe and irreparable damage to the franchisor, and the franchisor may pursue all of its rights and remedies after any breach, including specific performance.
Please indicate that you agree to the conditions, as stated above, under which confidential information will be furnished to you by signing a copy of this letter in the space provided below.