Kelly Sports Head Office
152 Melville Rd, West Brunswick
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Kelly Sports Franchise
This Agreement is between:
Kelly Sports Franchising Pty. Ltd. (“Kelly Sports”, “we”, “us”, “our”)
and ________ ________ (“the Franchise Enquirer”, “you”, “your”).
The Franchise Enquirer wishes to evaluate the Kelly Sports franchise business in order to decide whether to apply to become a franchisee of Kelly Sports. For this purpose Kelly Sports agrees to provide the Franchise Enquirer with confidential information relating to the operation of a Kelly Sports franchise.
The Franchise Enquirer and Kelly Sports agree as follows:
- You warrant that you will keep confidential all of the information provided to you by us and that you will not, without our prior written consent, disclose any of that information to any third party (your professional advisors excepted). You acknowledge that this warranty is also given on behalf of any entity or associate under your influence or control.
- 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, trademarks (including trademarks pending), feasibility studies, business plans, franchise agreements, operating manuals, franchise disclosure documents and marketing plans.
- 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.
- You indemnify Kelly Sports against:
- 4.1all losses suffered by Kelly Sports;
- 4.2all liabilities incurred by Kelly Sports; and
- 4.3the costs of all demands, actions and other proceedings against Kelly Sports (including legal costs on a solicitor own client basis), arising directly or indirectly, as a result of or in connection with any breach of the obligations of the Franchise Enquirer and/or the obligations of any employee, officer or agent of the Franchise Enquirer whether express or implied under this Confidentiality Agreement.
- You acknowledges that
- 5.1all information provided by Kelly Sports to the Franchise Enquirer is confidential and at all times remains the property of Kelly Sports;
- 5.2a breach of this Confidentiality Agreement would be harmful to the business interests of Kelly Sports;
- 5.3monetary damages alone would not be a sufficient remedy for a breach of this Confidentiality Agreement; and
- 5.4in addition to any other remedy available in law or equity, Kelly Sports is entitled to interim, interlocutory and permanent injunctions or any of them to prevent breach of this Confidentiality Agreement and to compel specific performance of it.
- We agree to keep confidential any confidential information provided to us by you (our agents and professional advisors excepted who will do likewise).
- This agreement will continue in time but will not apply to any 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
- e.enters the public domain after disclosure otherwise than through a breach of this agreement by one of the parties.
- 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.
- You undertake that you will, upon our request, immediately return to us all information, documents and other materials we supply to you. You further undertake not to retain any copies of any such information, documents or material.
- 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.