The Franchise Enquirer wishes to evaluate the Duggy’s business in order to decide
whether to apply to become a franchisee of Duggy’s Ltd. For this
purpose Duggy’s agrees to provide the Franchise Enquirer with confidential
information relating to the operation of the Duggy’s franchise.
The Franchise Enquirer and Duggy’s agree as follows:
1 You warrant that you will keep confidential all of the information provided to you
by us and that you will not, without our prior consent, disclose any of that information to
any third party (your professional advisors excepted). You acknowledge that this
warranty is given on behalf of any entity or associate under your influence or control.
2 Without limiting the general nature and extent of this warranty, the information
which you warrant to keep confidential and not disclose to others includes our
technology, know-how, trade secrets, documents, files, records, reports, plans, trade
marks (including trade marks pending), feasibility studies, business plans, franchise
agreements, operating manuals, franchise disclosure documents and marketing plans.
3 You warrant that the sole purpose for which you are seeking access to the
information is for you to decide whether to apply for one of our franchises. You warrant
that you will not use the information for any other purpose or for your own benefit or to
improve, construct or change another business in any way.
4 We agree to keep confidential any confidential information provided to us by
you (our agents and professional advisors excepted who will do likewise).
5 This agreement will continue in time but will not apply to any other information
which;
a) Is already known to the other party at the time of disclosure
b) Is in the public domain at the time of disclosure
c) Is disclosed to the receiving party by a third party; or
d) Enters the public domain after disclosure otherwise than through a breach
of this agreement by one of the parties.
6 You acknowledge that the execution of this agreement does not oblige us to
disclose any particular information to you and we retain absolute discretion as to which
information we disclose to you.
7 You undertake that you will upon request, immediately return to us all information,
documents and other such materials we supply to you. You further undertake not to
retain any copies of any such information, documents or materials.
8 You agree that you will not rely upon information provided by us in deciding
whether to apply for one of our franchises without first obtaining independent financial
and legal advice.
