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Our acceptance of this Franchise Application should not be considered as a grant of a franchise. We grant franchises ONLY by executing a written franchise agreement. I authorize The Green Carrot Franchising Company Inc. or The Green Carrot Franchise Company Inc. and their respective assigns (collectively "Green Carrot") to start an investigative consumer report (including information as to my character, general reputation, personal characteristics and mode of living) and credit investigation based on the information voluntarily provided by me and warrant that all information provided is true and accurate. I understand that I have a right to request that The Green Carrot make a complete and accurate disclosure of the nature and scope of such investigation. The Green Carrot may obtain my credit report in connection with this application. This is my authorization to credit reporting agencies, bank(s), creditors and suppliers to release to The Green Carrot and to The Green Carrot to release to such parties all information requested regarding my depository, loan or other credit information including without limitation, financial information, by telephone or in writing as part of the normal credit evaluation process. I release my bank(s), creditors, suppliers and The Green Carrot from all liability with respect to the release of any such requested information. Authorization is granted to use photo or fax copies of my signature to obtain information. If I am requesting that The Green Carrot make a credit determination based on my creditworthiness combined with any co-applicants, I authorize The Green Carrot to discuss any derogatory credit items with such coapplicants. I understand that The Green Carrot may, at any time, require that I sign an updated application or provide updated information. I acknowledge that I have read, and hereby agree to be bound by the terms of the Confidentiality Undertaking which appears below.
CONFIDENTIALITY AND NON-DISCLOSURE UNDERTAKING The individual who has submitted the application ("Applicant") has applied to become a franchisee of The Green Carrot Franchising Inc. or The The Green Carrot Franchise Company Inc. (collectively, "The Green Carrot") and, in connection with the application process, may become privy to certain information regarding the business of The Green Carrot and its franchisees which The Green Carrot classifies and protects as confidential and proprietary (the "Information"). The Green Carrot is willing to divulge such information (as and to the extent it deems appropriate in connection with the Applicant's application) only if the Applicant agrees to protect the confidentiality of such Information. In consideration of the disclosure of Information, Applicant agrees to the following terms and conditions:
1. Confidentiality. Applicant on behalf of itself and its affiliates, employees, officers and directors, agrees to maintain as confidential all Information disclosed to it. Applicant shall not, directly or indirectly, disclose any such Information to any third party without The Green Carrot prior written consent, nor shall Applicant use any Information for its own benefit (except for the purpose of the discussions contemplated by this Agreement) or for the benefit of any third party. The dissemination of Information by Applicant within its own organization shall be limited to those employees and consultants whose duties justify the need to know such Information.
2. Return of Information. Applicant shall return to The Green Carrot within ten (10) days of written request therefore, all Information, together with any and all copies thereof.
3. No Rights in Information. Neither this Agreement nor the disclosure of Information shall be deemed, by implication or otherwise, to vest in Applicant any rights in the Information or any other trade secrets or property of The Green Carrot.
4. Breach. Any breach of any provision hereof will be theft of The Green Carrot trade secrets, and will cause irreparable harm and damage to The Green Carrot. The Green Carrot shall be entitled to enjoin any actual or threatened violation of any of the provisions in this Agreement. In addition to injunctive relief, The Green Carrot may recover damages from Applicant for any loss caused by any violation of the provisions of this Agreement (including violations by third parties to whom Applicant discloses Information). In any action brought to enforce any of the provisions of this Agreement, The Green Carrot shall be entitled to reasonable attorney's fee and costs.
5. Law. This Agreement is made under, and shall be construed and enforced in accordance with, the laws of the State of Arizona. The parties agree that the exclusive venue for disputes between them shall be in the District Court for the City & County of Phoenix, Arizona, or the United States District Court for the District of Arizona, and the parties each waive any objection they may have to the personal jurisdiction of or venue in such courts.
6. Severability. Any provision hereof which may prove unenforceable under any law or by any court shall not affect the validity of any other provision hereof.
I accept the above terms. Yes No
If you do not accept all terms, your application will not be fully processed.
PHONE 480-983-3100, EMAIL holler@thegreencarrot.com
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