Financial Standards adjusted every 6 months. Failing resolution of the dispute, the parties may proceed directly to litigation in the county in which our then current headquarters is located, and that may cost you more than if those proceedings took place near your residence or business. If you fail on 2 or more occasions to pay any such amounts to us when due, then we can require you to maintain a deposit with us in an amount reasonably determined by us based upon usage history and other relevant factors. All competitive restrictions will be extended for the length of time that any breach of the Post Termination Obligations is ongoing. 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.
A transfer also includes the following events: We have never offered franchises in any other line of business. You will display the Marks as required by us and will not use the Marks so as to negatively affect their goodwill. Designation of a supplier may be conditioned on factors established by us in our Business Judgment, including without limitation performance relating to frequency of delivery, standards of service, and payment or other consideration to us or parties designated by us. We do not make any representation or assurance that you can or will achieve such performance minimums contained in the Franchise Agreement.
The Initial Franchise Fee covers an initial training program for either one or two individuals, who must include you and the initial Pinkberry Store manager, who may be you. All interest earned on monies contributed to, or held in, the Marketing Fund will be remitted to the Marketing Fund and will be subject to the restrictions francihse the relevant Franchise Agreement s.
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. In such event, we will have no liability or obligation to you. Only the terms plqn the Franchise Agreement are binding assuming they comply with State law. You should read Sections 17 and 19 of the Franchise Agreement and you may want to consult an attorney regarding the effect of these provisions.
Pinkberry Franchise Review
When you see a capitalized word, or if you do not understand the meaning of a particular pronoun reference, look at Article 22 to see whether the term has been defined. The Minimum Royalties will be implemented and become effective upon 30 days written notice to you. You are required to attend all Attendance based on attendance mandatory meetings unless fees, travel, living and excused by us.
Kim joined our affiliate Pinkberry, Inc. On request by either party, the arbitrator will provide to all disputants a reasoned opinion with findings of franchie and conclusions of law and the party so requesting will pay the arbitrator’s fees and costs connected therewith.
You agree to comply with our then-current Terms of Pinkberdy and Privacy Policies and any other requirements regarding all computer and other vusiness, including Internet usage. Confidential Information includes recipes, business businesa, customer lists, business records and files, sales and marketing reports, technical data, prices and costs, designs and formulas, software, databases, personnel and payroll records, mailing lists, accounting records, and other business information.
We cannot and do not guarantee your success. Term of the franchise 2. In a number of places in this Franchise Agreement, you are asked to initial certain items to show that franchie have been fully discussed with you, and read, understood and agreed to by you.
We can choose to eliminate or shorten training for persons previously trained or with comparable experience. Factors we consider in.
pinkbery The offer and the price and terms of purchase must apply only to an interest in this Agreement, the Franchise, your Pinkberry Store or the Franchisee.
We do not provide or authorize any representations, express or implied, or any franhcise information, regarding potential sales, piinkberry, earnings or other results of your Pinkberry Franchised Business. In such event, the Franchisor or its designee shall have the right, and is hereby empowered, but has no obligation to take possession of the Premises, expel Franchisee therefrom, and, in such event, Franchisee shall have no further right, title or interest in or under the Lease or to the Premises, all such rights thereby passing to the Franchisor or its designee, in each case without the Landlord’s further consent.
You acknowledge and agree that such protections can enhance the value of the Pinkberry Store System to you as a Franchisee, represent pinkbberry reasonable balancing of your and our respective interests and have been expressly bargained for. You will take such actions as we consider important in our Business Judgment to protect the Marks.
You acknowledge and agree that the success of the business venture contemplated to be undertaken by you is speculative and will be dependent on your personal efforts, and success is not guaranteed. If we issue a notice of default, we will have the right but not the obligation to manage.
You will not use any Mark, or modified version ponkberry 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. Our right-of-first-refusal to acquire your business. 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.
Stylized wordmark, design and logo – filed May 3, – Serial No. In many cases, the Offering Circular contains only excerpts or summaries of other documents.
Requirements for you to renew or extend While we are not required to do so, any matter we submit for FAC approval for which approval is granted, will be binding on you. We were formed in the State of California on May 16, We may award you additional Territory or franchises, but only at our sole discretion.
We can waive any condition in our sole and absolute discretion. You agree to participate in all Marketing Fund programs.