You understand that we are reiving on you to bring forward in writing at this time any. You agree not to identify yourself, or any business you may operate or in which you may become involved, or to advertise or promote yourself in any manner, as a present or former Pinkberry Store franchisee; F. Should boundaries of any zip code designated on the Territory Schedule change due to political re-districting, or other such action, your Territory will be deemed the same geographic boundaries as those designated for that zip code on the Commencement Date of this Agreement. The parties indicate their agreement to these terms by signing below: Pinkberry Store Financial Standards. All required affidavits in connection with all of the foregoing Marks have been filed.
You will be responsible for all travel, living, incidental and other expenses for you and any Manager attending optional or mandatory training programs, seminars or meetings. Interest on all amounts owed us. The arbitrator in any such proceeding shall have the full power and authority to grant an appropriate award to give full effect to this Assignment, expelling the Franchisee from the Premises and awarding possession to the Franchisor, as well as granting such other relief as may be proper and fair at law and by equity. All matters related in any way to your site are your sole responsibility , regardless of any assistance we may choose to provide. The Royalty Fee will be paid and reported monthly as specified in section No involvement in Similar Business for 24 months within marketing area or the Territory. We have no obligation to cause other Pinkberry Stores to contribute to the Marketing Fund or engage in local marketing, and we can permit a Franchisee to make direct advertising expenditures in place of contributions to the Marketing Fund, You understand that some Pinkberry Store Franchisees may have Marketing Fund obligations that are different from yours, if any.
The Manual is currently in the editing process, and contains a total of 75 to pages.
A transfer of ownership, possession or control of your Pinkberry Store, or of its assets, can only be made with a buslness of the Franchise. You’ll be responsible for all travel, living, incidental and other expenses for you and your personnel attending the Training Program and any other voluntary or mandatory training programs, seminars or meetings.
You will cooperate fully in connection with such matters. In connection with such compliance efforts, you agree not to enter into any prohibited transactions and to properly perform any currency reporting and other activities relating to your Franchised Business as may be required by us or by law.
Prior to that from toMs. If, at any time, you believe that any claim s or statement s regarding prospects or chances of success, actual or potential sales, buxiness, earnings, income or profits of, or other financial matters regarding, any Pinkberry Store have been made to you, you must provide a written statement regarding the same next to your signature on the Franchise Agreement. Upon termination of my employment for any reason, I will immediately assemble all property of the Company in my possession or under my control, and return it unconditionally to the Company.
You agree to indemnify and hold us harmless from any liability to you, the vusiness transferee or otherwise. Paid to local vendors. Territory Subject to our rights as set forth below, we will not enter into a Franchise Agreement licensing a Traditional Pinkberry Store, or ourselves open a Traditional Pinkberry Store, inside the area the francjise described in Exhibit 2.
No profit, gain or other benefit will directly accrue to us from the Marketing Fund. Your rights in the Territory are exactly and only as expressly set forth in this Section 2. It is pjnkberry sole responsibility to establish, with respect to your employees, appropriate personnel and security-related policies and procedures provided that we always have the right to terminate your rights by declaring a breach under this Agreement for conduct by you pihkberry threatens the goodwill associated with the Marks.
We are not able to predict gross revenues, expenses, profit or other results for plnkberry or Company-Owned Pinkberry Stores and do not, and will not, review or comment on your proposed budget, business plan or otherwise.
However, the 2 year period following such terminating event will be extended for one additional year if, during the first 2 years a Pinkberry Store is located in a portion of your former Pinkberry Store Marketing Area. We do not make any representation or assurance that you can or will achieve such performance minimums contained in the Franchise Agreement.
Miscellaneous costs to begin operations pinkbeery other financial requirements may be more or less than the figures specified above. If you do not provide us with the items described in Section There are no contractual limitations on the frequency and cost of upgrades and updates to the systems or programs.
You will not make any alterations to your Pinkberry Store or its appearance as originally approved franxhise us without our prior written approval.
The undersigned Landlord hereby consents to and franchjse of the above-described Collateral Assignment of Lease by the Franchisee to the Franchisor and further agrees that immediately upon notice to the Landlord, the Franchisor shall have the right to succeed the Franchisee as the tenant under the Lease without further action or consent by any of the parties hereto; provided, however, nothing in the Assignment or in the consent and approval by the Landlord to the Assignment shall affect any other rights of the Landlord under the Lease.
After any Transfer, Termination or expiration of the Franchise: Further, although we have operated a business of the type being franchised in the past, we are not an experienced Franchisor. We have the right to match offer, require terms and conditions.
The Franchise awarded to you by this ;lan is to operate the Pinkberry Store and to use the Marks and the System only for purposes of conducting a business in accordance with the provisions of this Businees, the Manuals and other communications from us.
We were formed in the State of California on May 16, This Agreement will be deemed automatically modified to ppan with governing law if such law requires: You agree to participate in all Marketing Fund programs.
I understand and agree that a violation of this Agreement may cause harm to vusiness Company’s reputation, customer relationships, and other aspects of its business for which an award of money damages would not be adequate.
The following agreements are attached as exhibits to this Offering Circular: You and each Affiliate of yours must be in Good Standing; and. Explore franchises and business opportunities by industry and category.
Expiration pnikberry Termination of this Agreement will continue in full force and effect until they are satisfied or by their nature expire including but not limited to indemnity, non-competition and confidentiality rights and.
Pinkberry Franchise Review
Funds in the Marketing Fund must be expended, prior to termination of the Marketing Fund, only for the purposes authorized by the relevant Franchise Agreement s.
Ordering -Product Specification and Inventory Control. In addition to any city or county business licenses applicable to the services you will budiness providing, you must comply with all local, state and federal laws, pertaining to food-service businesses, including any business, retail sales, zoning, environmental, labor relations, sanitation, safety, fire, food-service, and health codes, regulations and ordinances, as well as laws and regulations relating to the use of video games machines and access by persons with disabilities.