During my employment, I will devote all of my working time and energy to the business of the Company, and will not render services to anyone outside the Company, accept competing employment, or make preparations to compete with the Company! Additional company owned stores may open in at the Westfield Topanga mall in Canoga Park, at W. We require that you ensure that your employees execute covenants of confidentiality and non solicitation, indemnification for you and for us, in a form substantially similar to the form provided by Franchisor from time to time, provided that such covenants must be approved by your local counsel as enforceable and applicable under the law of your State. References to a “controlling interest” are to a shareholder, membership or partnership interest, as applicable, which enables the holder s of such interest to determine the outcome of a decision making process for the applicable entity. Factors we consider in.
Information comparing franchisors is available. We have no contractual requirement to consent to the location you select for your Pinkberry Store within a specified period of time. This is a form which has not been checked by us for compliance with local laws and should be reviewed by your attorney for your protection and to maximize enforceability. We have the following obligations to you during the operation of your business: You agree to comply at your expense with any directions from us to discontinue, modify, substitute or add Marks. No profit, gain or other benefit will directly accrue to us from the Marketing Fund.
Cease operations; cease use of Marks; de-identify business; return Manuals and other Confidential Information; cancel ait fictitious business name registrations; discontinue representation as a Pinkberry Store franchisee; pay alt amounts owed.
See Item 11 for more information on our Training Program. You will not communicate with any third party concerning any claim. Additional requirements for transfer to a controlled corporation. Franchise Agreement, Sections 4 and In a short time, Pinkberry has established a leadership position in the competitive frozen yogurt industry, building a cult-like following while catering businness the youngish crowd, but also families and professionals.
You will not use any Mark, or modified version or derivative of a Mark, or any other mark or form of commercial identification confusingly similar to the Marks or Trade Dress, as part of any. This Agreement shall be governed by the laws of the State of. Modification of the agreement We make no representations or warranties as to the success of any site or as to any other matter of any kind relating to the site.
Pinkberry: Franchise Agreement
We have one approved supplier for this system who is Sunrise Tech. The Franchisor is Pinkberry Franchising Company. The Marks may only be used at the location we approve for your Franchised Business and for the sale of products and services we authorize.
We will not charge any attendance fee for one person per Pinkberry Store for each mandatory meeting. At that time, subject to the provisions of this Article 15, you will be eligible to be awarded a Successor franchise.
Franchisee acknowledges that it is an independent contractor and the requirement of this certification by Franchisor does not constitute ownership, control, leasing or operation of the Store. On request by either party, the arbitrator will provide to all disputants a reasoned opinion with findings of fact and conclusions of law and the party so requesting will pay the arbitrator’s fees and costs connected therewith. The Franchisee will reimburse the Franchisor for the costs and expenses incurred in connection with any such retaking, including, without limitation, the payment of any back rent and other payments due under the Lease whether such payments are made by a separate agreement with the Landlord or otherwiseattorney’s fees and expenses of litigation incurred in enforcing this Assignment, costs incurred in reletting the Premises and costs incurred for putting the Premises in good working order and repair.
You will provide to us such information regarding the sales and operation of your Pinkberry Store, and in such form and format, as we specify from time to time in our Business Judgment. 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 “Territory” described in Exhibit 2. 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 “Territory” described in Exhibit 2.
You and any Manager must sign a confidentiality gusiness non-competition agreement embodying the terms of Article 8 of the Franchise Agreement.
Operation of the Pinkberry Store by us during any such period will be on your behalf; provided that we will only have a duty to use reasonable efforts and will not be liable to any creditor of yours or for any debts, losses or ftanchise incurred by the Pinkberry Store.
You will provide us copies of the same upon request. Mandatory Convention To be determined, As arranged.
We can require you to provide us, at your expense, with an annual audited financial statement prepared by a certified public accountant. Negotiation of Purchase Arrangements Currently, we do not negotiate purchase arrangements, such as volume discounts, with approved suppliers for the benefit of our Franchisees, but we may do so in the future.
We will furnish advice and guidance to you with respect to franchisd program that you agree to follow.
Pinkberry, Franchising Company, a California corporation By: We have summarized the main features of our program above and further information appears at appropriate points throughout this Offering Circular.
Paid to local vendors. A Pinkberry Store Franchisee’s non-compliance with these restrictions would damage you, us and other Pinkberry Store Franchisees and unfairly limit reasonable expansion alternatives open to us and Pinkberry Store System members.
We can terminate your Franchise if you commit any of the violations listed below.
If there is a material change in the terms of the sale, we will have an additional right of first refusal on the same terms and conditions as are applicable to pinkbsrry initial right of first refusal. The foregoing amount is subject to inflation adjustment under Section 9.
We can, in our Business Judgment, do any of the following: