Common use of COMPLIANCE WITH SYSTEM STANDARDS Clause in Contracts

COMPLIANCE WITH SYSTEM STANDARDS. You acknowledge and agree that your operation and maintenance of the WOB Store in accordance with System Standards are essential to preserve the goodwill of the Marks and all WOB Stores. Therefore, at all times during the term of this Agreement, you agree to operate and maintain the WOB Store in strict accordance with each and every System Standard, as we periodically modify and supplement them during the term of this Agreement. System Standards may regulate any one or more of the following with respect to the WOB Store: (a) design, layout, decor, appearance and lighting; periodic maintenance, cleaning and sanitation; periodic remodeling; replacement of obsolete or worn-out leasehold improvements, fixtures, furnishings, equipment and signs; televisions; music and other entertainment services; periodic painting; and use of interior and exterior signs, emblems, lettering and logos, and illumination; (b) types, models and brands of required fixtures, furnishings, equipment, signs, software, materials and supplies; (c) types, content, size, materials and standards for signage; (d) required or authorized products and product categories including for all food and beverage items and portions devoted to each supplier of products (e.g., "taps" for beer); (e) designated or approved suppliers (which may be limited to or include us) of fixtures, furnishings, equipment, signs, software, products, ingredients, materials and supplies, including for all food and beverage items; (f) terms and conditions of the sale and delivery of, and terms and methods of payment for, products, materials, supplies and services, including direct labor, that you obtain from us, unaffiliated suppliers or others; (g) sales, marketing, advertising and promotional programs and materials and media used in such programs; (h) pricing methods and formats for all products (food and non-food) to be sold, including, for beverage products, pricing by case, 6-pack or single bottles, and the pricing for products (food and non-food) to be consumed on premises; (i) policies for participation and delivery at your WOB Store of food products from restaurants and other food providers, and methods and programs for doing so (if any), as specified by us in the Manuals; (j) preparation of food products to serve at your WOB Store; (k) use and display of the Marks; (1) staffing levels for the WOB Store, and qualifications, training, dress and appearance of employees; (m) participation in market research and testing and product and service development programs and customer satisfaction programs; (n) acceptance of credit cards, corporate and other franchisee issued gift certificates, coupons, frequent diner programs, and payment systems and check verification services; (o) bookkeeping, accounting, data processing and record keeping systems, including software, and forms; methods, formats, content and frequency of reports to us of sales, revenue, financial performance and condition; and furnishing tax returns and other operating and financial information to us; (p) types, amounts, terms and conditions of insurance coverage required to be carried for the WOB Store and standards for underwriters of policies providing required insurance coverage; our protection and rights under such policies as an additional named insured; required or impermissible insurance contract provisions; assignment of policy rights to us; periodic verification of insurance coverage that must be furnished to us; our right to obtain insurance coverage for the WOB Store at your expense if you fail to obtain required coverage; our right to defend claims; and similar matters relating to insured and uninsured claims; (q) complying with applicable laws; obtaining required licenses and permits; adhering to good business practices; observing high standards of honesty, integrity, fair dealing and ethical business conduct in all dealings with customers, suppliers and us and our affiliates; and notifying us if any action, suit or proceeding is commenced against you or the WOB Store; (r) regulation of such other aspects of the operation and maintenance of the WOB Store that we determine from time to time to be useful to preserve or enhance the efficient operation, image or goodwill of the Marks and WOB Stores; and (s) your use of, or mandatory or recommended participation in, any e-commerce, Intranet, Internet or Website communities, systems or processes, Website and compliance with any Internet, Intranet or e-commerce policies or procedures we may establish from time to time. You agree that System Standards prescribed from time to time in the Manuals, or otherwise communicated to you in writing or other tangible form, constitute provisions of this Agreement as if fully set forth herein. All references to this Agreement include all System Standards as periodically modified.

Appears in 1 contract

Samples: Franchise Agreement (Pacific Software, Inc.)

AutoNDA by SimpleDocs

COMPLIANCE WITH SYSTEM STANDARDS. You acknowledge acknowl-edge and agree that your advertising, operation and maintenance of the WOB Store Restaurant in accordance with System Standards are essential to preserve our goodwill including the goodwill of the Marks System, Marks, Copyrights and all WOB StoresEVOS® Restaurants. Therefore, at all times during the term of this AgreementTerm, you agree to operate and maintain the WOB Store Restaurant in strict accordance with each and every System Standard, as we periodically modify and supplement them during the term of this AgreementTerm. System Standards may regulate any one or more of the following with respect to the WOB StoreRestaurant: (a) design, layout, decordécor, appearance and lighting; periodic maintenance, cleaning and sanitation; periodic remodeling; replacement of obsolete or worn-out leasehold improvements, fixtures, furnishings, media, equipment and signs; televisions; music and other entertainment services; periodic painting; and use of interior and exterior signs, emblems, lettering and logos, and illumination; (b) types, models and brands of required fixtures, furnishings, equipment, signs, software, materials and supplies; (c) types, content, size, materials and standards for signage; (d) required or authorized products and product categories including for all Other Services and all food and beverage items items, audio or visual media, recipes and portions devoted to each supplier of products (e.g., "taps" for beer)products; (ed) designated or approved suppliers (which may be limited to or include us) of fixtures, furnishings, audio or visual media, Copyrights, equipment, signs, software, products, ingredients, materials and supplies, supplies including for all food and beverage items; (fe) terms and conditions of the sale and delivery of, and terms and methods of payment for, products, materials, supplies and services, including direct labor, that you obtain from us, unaffiliated suppliers or others; (gf) sales, marketing, advertising and promotional programs and materials and media used in such programs; (h) pricing methods and formats for all products (food and non-food) to be sold, including, for beverage products, pricing by case, 6-pack or single bottles, and the pricing for products (food and non-food) to be consumed on premises; (i) policies for participation and delivery at your WOB Store of food products from restaurants and other food providers, and methods and programs for doing so (if any), as specified by us in the Manuals; (j) preparation of food products to serve at your WOB Store; (kg) use and display of the MarksMarks or Copyrights; (1h) staffing levels for the WOB Store, Restaurant and matters relating to managing the Restaurant; communication to us of the identities of the Restaurant’s personnel; and qualifications, training, dress and appearance of employees; (mi) days and hours of operation of the Restaurant; (j) participation in market research and testing and product and service development programs and customer satisfaction programs; (nk) acceptance of credit cards, corporate and other franchisee issued gift certificates, loyalty or gift card programs; coupons, frequent diner programs, and other payment systems and check verification services; (ol) bookkeeping, accounting, data processing and record keeping systems, including software, and forms; methods, formats, content and frequency of reports to us of sales, revenue, financial performance and condition; and furnishing tax returns and other operating and financial information to us; (pm) types, amounts, terms and conditions of insurance coverage required to be carried for the WOB Store Restaurant and standards for underwriters of policies providing required insurance coverage; our protection and rights under such policies as an additional named insured; required or impermissible insurance contract provisionsprovi-sions; assignment of policy rights to us; periodic verification of insurance coverage that must be furnished to us; our right to obtain insurance coverage for the WOB Store Restaurant at your expense if you fail to obtain required coverage; our right to defend claims; and similar matters relating to insured and uninsured claims; (qn) the maximum prices you may charge and advertise for certain menu items; (o) complying with applicable laws; obtaining required licenses and permits; adhering to good business practices; observing high standards of honestyhon-esty, integrity, fair dealing and ethical business conduct in all dealings with customerscus-tomers, suppliers and us and our affiliatesus; and notifying us if any action, suit or proceeding is commenced against you or the WOB StoreRestaurant; (rp) your purchase, use and display of audio or visual media, display devices or furniture for your Restaurant’s customers, and the manner of your sale or lending such media to them; and (q) regulation of such other aspects of the operation and maintenance of the WOB Store Restaurant that we determine from time to time to be useful to preserve or enhance the efficient operation, image or goodwill of the Marks and WOB Stores; and (s) your use of, or mandatory or recommended participation in, any e-commerce, Intranet, Internet or Website communities, systems or processes, Website and compliance with any Internet, Intranet or e-commerce policies or procedures we may establish from time to timeEVOS® Restaurants. You agree that System Standards prescribed from time to time in the ManualsManual, or otherwise communicated to you in writing or other tangible form, constitute provisions of this Agreement as if fully set forth hereinforth. All references to this Agreement include all System Standards as periodically modified.

Appears in 1 contract

Samples: Franchise Agreement

COMPLIANCE WITH SYSTEM STANDARDS. You acknowledge and agree that your operation and maintenance of the WOB Store Restaurant in accordance with System Standards are essential to preserve the goodwill of the Marks and all WOB StoresRAGIN' RIBS(R) Restaurants. Therefore, at all times during the term of this AgreementTerm, you xxx agree to operate and maintain the WOB Store in strict Restaurant iN accordance with each and every System Standard, as we periodically modify and supplement them during the term of this AgreementTerm. System Standards may regulate any one or more of the following with respect to the WOB StoreRestaurant: (a) design, layout, decor, appearance and lighting; periodic maintenance, cleaning and sanitation; periodic remodeling; replacement of obsolete or worn-out leasehold improvements, fixtures, furnishings, equipment and signs; televisions; music and other entertainment services; periodic painting; and use of interior and exterior signs, emblems, lettering and logos, and illumination; (b) types, models and brands of required fixtures, furnishings, equipment, signs, software, materials and supplies; (c) types, content, size, materials and standards for signage; (d) required or authorized products and product categories including for all food and beverage items and portions devoted to each supplier of products (e.g., "taps" for beer)products; (ed) designated or approved suppliers (which may be limited to or include us) of fixtures, furnishings, Art, equipment, signs, software, products, ingredients, materials and supplies, supplies including for all food and beverage items; (fe) terms and conditions of the sale and delivery of, and terms and methods of payment for, products, materials, supplies and services, including direct labor, that you obtain from us, unaffiliated suppliers or others; (gf) sales, marketing, advertising and promotional programs and materials and media used in such programs; (h) pricing methods and formats for all products (food and non-food) to be sold, including, for beverage products, pricing by case, 6-pack or single bottles, and the pricing for products (food and non-food) to be consumed on premises; (i) policies for participation and delivery at your WOB Store of food products from restaurants and other food providers, and methods and programs for doing so (if any), as specified by us in the Manuals; (j) preparation of food products to serve at your WOB Store; (kg) use and display of the Marks; (1h) staffing levels for the WOB Store, Restaurant and matters relating to managing the Restaurant; communication to us of the identities of the Restaurant's personnel; and qualifications, training, dress and appearance of employees; (mi) days and hours of operation of the Restaurant; (j) participation in market research and testing and product and service development programs and customer satisfaction programs; (nk) acceptance of credit cards, corporate and other franchisee issued gift certificates, coupons, frequent diner programs, and other payment systems and check verification services; (ol) bookkeeping, accounting, data processing and record keeping systems, including software, and forms; methods, formats, content and frequency of reports to us of sales, revenue, financial performance and condition; and furnishing tax returns and other operating and financial information to us; (pm) types, amounts, terms and conditions of insurance coverage required to be carried for the WOB Store Restaurant and standards for underwriters of policies providing required insurance coverage; our protection and rights under such policies as an additional named insured; required or impermissible insurance contract provisions; assignment of policy rights to us; periodic verification of insurance coverage that must be furnished to us; our right to obtain insurance coverage for the WOB Store Restaurant at your expense if you fail to obtain required coverage; our right to defend claims; and similar matters relating to insured and uninsured claims; (qn) complying with applicable laws; obtaining required licenses and permits; adhering to good business practices; observing high standards of honesty, integrity, fair dealing and ethical business conduct in all dealings with customers, suppliers and us and our affiliatesus; and notifying us if any action, suit or proceeding is commenced against you or the WOB Store;Restaurant; and (ro) regulation of such other aspects of the operation and maintenance of the WOB Store Restaurant that we determine from time to time to be useful to preserve or enhance the efficient operation, image or goodwill of the Marks and WOB Stores; and (s) your use of, or mandatory or recommended participation in, any e-commerce, Intranet, Internet or Website communities, systems or processes, Website and compliance with any Internet, Intranet or e-commerce policies or procedures we may establish from time to time. You agree that System Standards prescribed from time to time in the Manuals, or otherwise communicated to you in writing or other tangible form, constitute provisions of this Agreement as if fully set forth herein. All references to this Agreement include all System Standards as periodically modified.RAGIN' RIBS(R)

Appears in 1 contract

Samples: Franchise Agreement (P D C Innovative Industries Inc)

COMPLIANCE WITH SYSTEM STANDARDS. You acknowledge and agree that your operation and maintenance of the WOB Store in accordance with RESTAURANT according to System Standards are essential to preserve the goodwill of the Marks and all WOB StoresXXXXX'X SUBS Restaurants. Therefore, at all times during the term of this Agreement, you agree to operate and maintain the WOB Store in strict accordance with RESTAURANT according to each and every System Standard, as we periodically modify and supplement them during the term of this Agreement, even if you believe that a System Standard, as originally issued or subsequently modified or supplemented, is not in the System's or your RESTAURANT's best interests. System Standards may regulate any one or more of the following with respect to for the WOB StoreRESTAURANT: (a1) design, layout, decor, appearance and lighting; periodic maintenance, cleaning and sanitation; periodic remodeling; replacement of obsolete or worn-out leasehold improvements, fixtures, furnishings, equipment improvements and signs; televisions; music and other entertainment servicesOperating Assets; periodic painting; and use of interior and exterior signs, emblems, lettering and logos, and illumination; (b2) types, models and brands of required fixtures, furnishings, equipment, signs, software, materials Operating Assets and suppliesSupplies; (c) types, content, size, materials and standards for signage; (d3) required or authorized products and services and product categories including for all food and beverage items service categories; product preparation, storage, handling and portions devoted to each supplier of products (e.g., "taps" for beer)packaging procedures; and product inventory requirements; (e4) designated or approved suppliers (which may be limited to or include us) of fixtures, furnishings, equipment, signs, software, products, ingredients, materials Operating Assets and supplies, including for all food Supplies and beverage itemssupplier approval procedures and criteria; (f5) terms and conditions of the sale and delivery of, and terms and methods of payment for, products, materials, supplies Supplies and services, including direct labor, services that you obtain from us or unaffiliated suppliers; our right not to sell any products to you, or to sell products to you only on a "cash-on-delivery" or other basis, if you are in default under any agreement with us; and our right (without liability) to advise your suppliers and others with whom you, unaffiliated suppliers or otherswe and other franchise owners deal that you are in default under any agreement with us; (g6) sales, marketing, advertising and promotional programs and materials and media used in such these programs; (h) pricing methods and formats for all products (food and non-food) to be sold, including, for beverage products, pricing by case, 6-pack or single bottles, and the pricing for products (food and non-food) to be consumed on premises; (i) policies for participation and delivery at your WOB Store of food products from restaurants and other food providers, and methods and programs for doing so (if any), as specified by us in the Manuals; (j) preparation of food products to serve at your WOB Store; (k7) use and display of the Marks; (1) 8) staffing levels for the WOB Store, RESTAURANT and matters relating to managing the RESTAURANT; communication to us of the identities of the RESTAURANT's personnel; and qualifications, training, dress and appearance of employees (although you will have sole responsibility and authority concerning the selection and promotion of your employees, the hours they work, their rates of pay and other benefits, the work assigned to them and their working conditions); (m9) days and hours of operation of the RESTAURANT; (10) participation in market research and testing and product and service development programs and customer satisfaction programs; (n11) acceptance of credit and debit cards, corporate and other franchisee issued gift certificates, coupons, frequent diner programs, and payment systems and check verification services; (o12) bookkeeping, accounting, data processing and record keeping systems, including software, systems and forms; methods, formats, content and frequency of reports to us of sales, revenue, financial performance and condition; and furnishing tax returns and other operating and financial information to us; (p13) types, amounts, terms and conditions of insurance coverage required to be carried for the WOB Store RESTAURANT and standards for underwriters of policies providing required insurance coverage; our protection and rights under such these policies as an additional named insured; required or impermissible insurance contract provisions; assignment of policy rights to us; periodic verification of insurance coverage that must be furnished to us; our right to obtain insurance coverage for the WOB Store RESTAURANT at your expense if you fail to obtain required coverage; our right to defend claims; and similar matters relating to insured and uninsured claims; (q14) complying with applicable laws; obtaining required licenses and permits; adhering to good business practices; observing high standards of honesty, integrity, fair dealing and ethical business conduct in all dealings with customers, suppliers and us and our affiliatesus; and notifying us if any action, suit or proceeding is commenced against you or the WOB Store;RESTAURANT or if you receive any report, citation or notice regarding the RESTAURANT's failure to comply with any health, cleanliness or safety standard; and (r15) regulation of such any other aspects of the operation and maintenance of the WOB Store RESTAURANT that we determine from time to time to be useful to preserve or enhance the efficient operation, image or goodwill of the Marks and WOB Stores; and (s) your use of, or mandatory or recommended participation in, any e-commerce, Intranet, Internet or Website communities, systems or processes, Website and compliance with any Internet, Intranet or e-commerce policies or procedures we may establish from time to timeXXXXX'X SUBS Restaurants. You agree that System Standards prescribed from time to time in the ManualsOperations Manual, or otherwise communicated to you in writing or other tangible form, constitute provisions of this Agreement as if fully set forth herein. All references to this Agreement include all System Standards as periodically modified.

Appears in 1 contract

Samples: Franchise Agreement (Jreck Subs Group Inc)

COMPLIANCE WITH SYSTEM STANDARDS. You acknowledge and agree that your operation and maintenance of the WOB Store in accordance with FACILITY under our System Standards are essential to preserve the goodwill of the Marks and all WOB StoresCookie System Facilities. Therefore, at all times during the term of this Agreement, you agree to operate and maintain the WOB Store in strict accordance with FACILITY under each and every System Standard, as we periodically modify and supplement them during the term of this Agreement, even if you believe that a System Standard, as originally issued or subsequently modified or supplemented, is not in the System's or your FACILITY's best interests. System Standards may regulate any one or more of the following with respect to for the WOB StoreFACILITY: (a1) design, layout, decor, appearance and lighting; periodic maintenance, cleaning and sanitation; periodic remodeling; replacement of obsolete or worn-out leasehold improvements, fixtures, furnishings, equipment and signs; televisions; music and other entertainment servicesOperating Assets; periodic painting; and use of interior and exterior signs, emblems, lettering and logos, logos and their illumination; (b2) types, models and brands of required fixtures, furnishings, equipment, signs, software, materials Operating Assets and suppliesSupplies; (c) types, content, size, materials and standards for signage; (d3) required or authorized products and services and product categories including for all food and beverage items service categories; product preparation, storage, handling and portions devoted to each supplier of products (e.g., "taps" for beer)packaging procedures; and product inventory requirements; (e4) designated or approved suppliers (which may be limited to or include us) of fixtures, furnishings, equipment, signs, software, products, ingredients, materials Operating Assets and supplies, including for all food Supplies and beverage itemssupplier approval procedures and criteria; (f5) terms and conditions of the sale and delivery of, and terms and methods of payment for, products, materials, supplies and services, including direct labor, Supplies that you obtain from us or unaffiliated suppliers; our right not to sell any products to you, or to sell products to you only on a "cash-on-delivery" or "cash-before-delivery" basis, if you are in default under any agreement with us or owe us money; and our right (without liability) to respond truthfully to requests from your suppliers and others with whom you deal about your credit rating and compliance with your payment obligations to us, unaffiliated suppliers or others; (g6) sales, marketing, advertising and promotional programs and materials and media used in such these programs; (h) pricing methods and formats for all products (food and non-food) to be sold, including, for beverage products, pricing by case, 6-pack or single bottles, and the pricing for products (food and non-food) to be consumed on premises; (i) policies for participation and delivery at your WOB Store of food products from restaurants and other food providers, and methods and programs for doing so (if any), as specified by us in the Manuals; (j) preparation of food products to serve at your WOB Store; (k7) use and display of the Marks; (1) 8) staffing levels for the WOB Store, FACILITY and managing the FACILITY; communicating to us the identities of the FACILITY's personnel; and qualifications, training, dress and appearance of employees (although you will have sole responsibility and authority concerning the selection and promotion of your employees, the hours they work, their rates of pay and other benefits, the work assigned to them and their working conditions); (m9) days and hours of operation of the FACILITY; (10) participation in market research and testing and product and service development programs and customer satisfaction programs; (n11) acceptance of credit cards, corporate and debit cards and other franchisee issued gift certificates, coupons, frequent diner programs, and payment systems and check verification servicessystems; (o12) bookkeeping, accounting, data processing and record keeping systems, including software, and forms; methods, formats, content and frequency of reports to us of sales, revenue, financial performance and condition; condition and furnishing tax returns and other operating and financial information to us; (p13) types, amounts, terms and conditions of insurance coverage required to be carried for that the WOB Store FACILITY must carry and standards for underwriters of policies providing required insurance coverage; our protection and rights under such these policies as an additional named insured; required or impermissible insurance contract provisions; assignment of policy rights to us; periodic verification of insurance coverage that must be furnished to us; our right to obtain insurance coverage for the WOB Store FACILITY at your expense if you fail to obtain required coverage; our right to defend claims; our right to receive from your insurer, after any loss that the FACILITY incurs, a check for the loss proceeds that is made payable to you and us (but only if the check amount exceeds Five Thousand Dollars ($5,000.00)); and similar matters relating to insured and uninsured claims; (q14) complying with applicable laws; obtaining required licenses and permits; adhering to good business practices; observing high standards of honesty, integrity, fair dealing and ethical business conduct in all dealings with customers, suppliers and us and our affiliatesus; and notifying us if any action, suit or proceeding is commenced against you or the WOB Store;FACILITY or if you receive any report, citation or notice regarding the FACILITY's failure to comply with any health, cleanliness or safety standard; and (r15) regulation of such any other aspects of operating and maintaining the operation and maintenance of the WOB Store FACILITY that we determine from time to time to be useful to preserve or enhance the efficient operation, image or goodwill of the Marks and WOB Stores; and (s) your use of, or mandatory or recommended participation in, any e-commerce, Intranet, Internet or Website communities, systems or processes, Website and compliance with any Internet, Intranet or e-commerce policies or procedures we may establish from time to timeCookie System Facilities. You agree that System Standards prescribed we prescribe from time to time in the ManualsOperations Manual, or otherwise communicated communicate to you in writing or other tangible form, constitute are provisions of this Agreement as if fully set forth hereinwithin the text of this Agreement. All references to this Agreement include all System Standards as periodically modified.

Appears in 1 contract

Samples: License Agreement (MRS Fields Financing Co Inc)

COMPLIANCE WITH SYSTEM STANDARDS. You acknowledge and agree that your operation and maintenance of the WOB Store Tavern in accordance with System Standards are essential to preserve the goodwill of the Marks and all WOB StoresTaverns. Therefore, at all times during the term of this Agreement, you agree to operate and maintain the WOB Store Tavern in strict accordance with each and every System Standard, as we periodically modify and supplement them during the term of this Agreement. System Standards may regulate any one or more of the following with respect to the WOB StoreTavern: (a) design, layout, decor, appearance and lighting; periodic maintenance, cleaning and sanitation; periodic remodeling; replacement of obsolete or worn-out leasehold improvements, fixtures, furnishings, equipment and signs; televisions; music and other entertainment services; periodic painting; and use of interior and exterior signs, emblems, lettering and logos, and illumination; (b) types, models and brands of required fixtures, furnishings, equipment, signs, software, materials and supplies; (c) types, content, size, materials and standards for signage; (d) required or authorized products and product categories including for all food and beverage items and portions devoted to each supplier of products (e.g., "taps" for beer); (e) designated or approved suppliers (which may be limited to or include us) of fixtures, furnishings, equipment, signs, software, products, ingredients, materials and supplies, including for all food and beverage items; (f) terms and conditions of the sale and delivery of, and terms and methods of payment for, products, materials, supplies and services, including direct labor, that you obtain from us, unaffiliated suppliers or others; (g) sales, marketing, advertising and promotional programs and materials and media used in such programs; (h) pricing methods and formats for all products (food and non-food) to be sold, including, for beverage products, pricing by case, 6-pack or single bottles, and the pricing for products (food and non-food) to be consumed on premises; (i) policies for participation and delivery at your WOB Store Tavern of food products from restaurants and other food providers, and methods and programs for doing so (if any), as specified by us in the Manuals; (j) preparation of food products to serve at your WOB StoreTavern; (k) use and display of the Marks; (1) staffing levels for the WOB StoreTavern, and qualifications, training, dress and appearance of employees; (m) participation in market research and testing and product and service development programs and customer satisfaction programs; (n) acceptance of credit cards, corporate and other franchisee issued gift certificates, coupons, frequent diner programs, and payment systems and check verification services; (o) bookkeeping, accounting, data processing and record keeping systems, including software, and forms; methods, formats, content and frequency of reports to us of sales, revenue, financial performance and condition; and furnishing tax returns and other operating and financial information to us; (p) types, amounts, terms and conditions of insurance coverage required to be carried for the WOB Store Tavern and standards for underwriters of policies providing required insurance coverage; our protection and rights under such policies as an additional named insured; required or impermissible insurance contract provisions; assignment of policy rights to us; periodic verification of insurance coverage that must be furnished to us; our right to obtain insurance coverage for the WOB Store Tavern at your expense if you fail to obtain required coverage; our right to defend claims; and similar matters relating to insured and uninsured claims; (q) complying with applicable laws; obtaining required licenses and permits; adhering to good business practices; observing high standards of honesty, integrity, fair dealing and ethical business conduct in all dealings with customers, suppliers and us and our affiliates; and notifying us if any action, suit or proceeding is commenced against you or the WOB StoreTavern; (r) regulation of such other aspects of the operation and maintenance of the WOB Store Tavern that we determine from time to time to be useful to preserve or enhance the efficient operation, image or goodwill of the Marks and WOB StoresTaverns; and (s) your use of, or mandatory or recommended participation in, any e-commerce, Intranet, Internet or Website communities, systems or processes, Website and compliance with any Internet, Intranet or e-commerce policies or procedures we may establish from time to time. You agree that System Standards prescribed from time to time in the Manuals, or otherwise communicated to you in writing or other tangible form, constitute provisions of this Agreement as if fully set forth herein. All references to this Agreement include all System Standards as periodically modified.

Appears in 1 contract

Samples: Franchise Agreement (Pacific Software, Inc.)

COMPLIANCE WITH SYSTEM STANDARDS. You acknowledge acknowl­edge and agree that your advertising, operation and maintenance of the WOB Store Restaurant in accordance with System Standards are essential to preserve our goodwill including the goodwill of the Marks System, Marks, Copyrights and all WOB StoresEVOS® Restaurants. Therefore, at all times during the term of this AgreementTerm, you agree to operate and maintain the WOB Store Restaurant in strict accordance with each and every System Standard, as we periodically modify and supplement them during the term of this AgreementTerm. System Standards may regulate any one or more of the following with respect to the WOB StoreRestaurant: (a) design, layout, decordécor, appearance and lighting; periodic maintenance, cleaning and sanitation; periodic remodeling; replacement of obsolete or worn-out leasehold improvements, fixtures, furnishings, media, equipment and signs; televisions; music and other entertainment services; periodic painting; and use of interior and exterior signs, emblems, lettering and logos, and illumination; (b) types, models and brands of required fixtures, furnishings, equipment, signs, software, materials and supplies; (c) types, content, size, materials and standards for signage; (d) required or authorized products and product categories including for all Other Services and all food and beverage items items, audio or visual media, recipes and portions devoted to each supplier of products (e.g., "taps" for beer)products; (ed) designated or approved suppliers (which may be limited to or include us) of fixtures, furnishings, audio or visual media, Copyrights, equipment, signs, software, products, ingredients, materials and supplies, supplies including for all food and beverage items; (fe) terms and conditions of the sale and delivery of, and terms and methods of payment for, products, materials, supplies and services, including direct labor, that you obtain from us, unaffiliated suppliers or others; (gf) sales, marketing, advertising and promotional programs and materials and media used in such programs; (h) pricing methods and formats for all products (food and non-food) to be sold, including, for beverage products, pricing by case, 6-pack or single bottles, and the pricing for products (food and non-food) to be consumed on premises; (i) policies for participation and delivery at your WOB Store of food products from restaurants and other food providers, and methods and programs for doing so (if any), as specified by us in the Manuals; (j) preparation of food products to serve at your WOB Store; (kg) use and display of the MarksMarks or Copyrights; (1h) staffing levels for the WOB Store, Restaurant and matters relating to managing the Restaurant; communication to us of the identities of the Restaurant’s personnel; and qualifications, training, dress and appearance of employees; (mi) days and hours of operation of the Restaurant; (j) participation in market research and testing and product and service development programs and customer satisfaction programs; (nk) acceptance of credit cards, corporate and other franchisee issued gift certificates, loyalty or gift card programs; coupons, frequent diner programs, and other payment systems and check verification services; (ol) bookkeeping, accounting, data processing and record keeping systems, including software, and forms; methods, formats, content and frequency of reports to us of sales, revenue, financial performance and condition; and furnishing tax returns and other operating and financial information to us; (pm) types, amounts, terms and conditions of insurance coverage required to be carried for the WOB Store Restaurant and standards for underwriters of policies providing required insurance coverage; our protection and rights under such policies as an additional named insured; required or impermissible insurance contract provisionsprovi­sions; assignment of policy rights to us; periodic verification of insurance coverage that must be furnished to us; our right to obtain insurance coverage for the WOB Store Restaurant at your expense if you fail to obtain required coverage; our right to defend claims; and similar matters relating to insured and uninsured claims; (qn) the maximum prices you may charge and advertise for certain menu items; (o) complying with applicable laws; obtaining required licenses and permits; adhering to good business practices; observing high standards of honestyhon­esty, integrity, fair dealing and ethical business conduct in all dealings with customerscus­tomers, suppliers and us and our affiliatesus; and notifying us if any action, suit or proceeding is commenced against you or the WOB StoreRestaurant; (rp) your purchase, use and display of audio or visual media, display devices or furniture for your Restaurant’s customers, and the manner of your sale or lending such media to them; and (q) regulation of such other aspects of the operation and maintenance of the WOB Store Restaurant that we determine from time to time to be useful to preserve or enhance the efficient operation, image or goodwill of the Marks and WOB Stores; and (s) your use of, or mandatory or recommended participation in, any e-commerce, Intranet, Internet or Website communities, systems or processes, Website and compliance with any Internet, Intranet or e-commerce policies or procedures we may establish from time to timeEVOS® Restaurants. You agree that System Standards prescribed from time to time in the ManualsManual, or otherwise communicated to you in writing or other tangible form, constitute provisions of this Agreement as if fully set forth hereinforth. All references to this Agreement include all System Standards as periodically modified.

Appears in 1 contract

Samples: Franchise Agreement (Healthy Fast Food Inc)

AutoNDA by SimpleDocs

COMPLIANCE WITH SYSTEM STANDARDS. You acknowledge and agree that your operation and maintenance of the WOB Store STORE in accordance with System Standards are essential to preserve the goodwill of the Marks and all WOB StoresKRISPY KREME STORES. Therefore, at all times during the term of this Agreement, you agree to operate and maintain the WOB Store STORE in strict accordance with each and every System Standard, as we periodically modify and supplement them during the term of this Agreement. System Standards may regulate any one or more of the following with respect to the WOB Store:STORE: <PAGE> 20 (a1) design, layout, decor, appearance and lighting; periodic maintenance, cleaning and sanitation; periodic remodeling; replacement of obsolete or worn-out leasehold improvements, equipment, fixtures, furnishings, equipment signs and signs; televisions; music and other entertainment servicesdelivery vehicles; periodic painting; and use of interior and exterior signs, emblems, lettering and logos, logos and illuminationthe illumination thereof; (b2) types, models and brands of required fixtures, furnishings, equipment, signs, softwaredelivery vehicles, materials and supplies; (c) types, content, size, materials and standards for signage; (d3) required or authorized products Products and product categories including for all food and beverage items and portions devoted to each supplier of products (e.g., "taps" for beer)Product categories; (e4) participate in our supply program with regard to: (a) purchase of certain equipment, fixtures, doughnut mixes and other proprietary products, materials and supplies from us; (b) purchase from designated or approved suppliers (which may be limited to or include us) of modular buildings, other equipment, fixtures, furnishings, equipment, signs, software, products, ingredientsdelivery vehicles, materials and supplies and (c) purchase of packaging and serving supplies, including for all food cups, straws, plastic utensils, bags, boxes, uniforms, sugar, shortening, coffee and beverage itemsother products, which we will warehouse and deliver to the STORE; (f5) production, presentation, packaging and delivery of Products and Product retention and disposal; (6) terms and conditions of the sale and delivery of, and terms and methods of payment forfor equipment, productsfixtures, furnishings, signs, delivery vehicles, materials, supplies and services, including direct labor, that you obtain from us, unaffiliated suppliers or others; (g7) sales, marketing, advertising and promotional programs and materials and media used in such programs; (h) pricing methods 8) development and formats operation of a website in connection with your operation of the STORE, including requiring you to submit a sample of the website information for all products (food and non-food) our written approval prior to be sold, including, for beverage products, pricing by case, 6-pack or single bottles, and establishment of the pricing for products (food and non-food) website as well as requiring additional submissions of such information in the event you propose to be consumed on premisesalter an approved website; (i) policies for participation and delivery at your WOB Store of food products from restaurants and other food providers, and methods and programs for doing so (if any), as specified by us in the Manuals; (j) preparation of food products to serve at your WOB Store; (k9) use and display of the Marks; (110) staffing levels for the WOB Store, STORE and matters relating to managing the STORE; communication to us of the identities of STORE personnel; and qualifications, training, dress and appearance of STORE employees; (m11) days and hours of operation of the STORE; (12) participation in market research and testing and product and service development programs and customer satisfaction programs; (n13) acceptance implementation and modification of credit cardsthe electronic funds transfer system and procedures by means of which you will pay Royalties, corporate contributions to the Marketing and <PAGE> 21 Promotion Fund, amounts due for purchases of equipment, other products, materials and supplies from us and other franchisee issued gift certificates, coupons, frequent diner programs, and payment systems and check verification servicesamounts due us; (o14) the Computer System; bookkeeping, accounting, data processing and record keeping systems, including software, systems and forms; methods, formats, content and frequency of reports to us of sales, revenue, financial performance and condition; and furnishing , tax returns and other operating and financial information to usinformation; (p15) types, amounts, terms and conditions of insurance coverage required to be carried for the WOB Store STORE and standards for underwriters of policies providing required insurance coverage; our protection and rights under such policies as an additional named insured; required or impermissible insurance contract provisions; assignment of policy rights to us; periodic verification of insurance coverage that must be furnished to us; our right to obtain insurance coverage for the WOB Store STORE at your expense if you fail to obtain required coverage; our right to defend claims; and similar matters relating to insured and uninsured claims; (q16) complying compliance with applicable laws; obtaining required licenses and permits; adhering to good business practices; observing high standards of honesty, integrity, fair dealing dealing, employment practices and ethical business conduct in all dealings with customers, suppliers suppliers, public officials and us and our affiliatesus; and notifying us if any action, suit or proceeding is commenced against you or the WOB StoreSTORE; (r17) regulation of such other aspects of the operation and maintenance of the WOB Store STORE that we determine from time to time to be useful to preserve or enhance the efficient operation, image or goodwill of the Marks Marks, the STORE and WOB Storesother KRISPY KREME STORES; and (s18) your use ofservice of National Accounts as we identify from time to time, or mandatory or recommended participation into which Products and other items we authorize shall be sold at prices not to exceed the maximum prices we state, any e-commerce, Intranet, Internet or Website communities, systems or processes, Website and compliance with any Internet, Intranet or e-commerce policies or procedures we which may establish change from time to time. You agree that System Standards prescribed from time to time in the Manuals, or otherwise communicated to you in writing or other tangible form, constitute provisions of this Agreement as if fully set forth herein. All references to this Agreement include all System Standards as periodically modified.

Appears in 1 contract

Samples: Franchise Agreement

COMPLIANCE WITH SYSTEM STANDARDS. You acknowledge and agree that your operation operating and maintenance of maintaining the WOB Store FACILITY in accordance compliance with System Standards are essential to preserve the goodwill of the Marks and all WOB StoresKIDVILLE Facilities. Therefore, you agree at all times during the term of this Agreement, you agree to operate and maintain the WOB Store FACILITY in strict accordance compliance with each all System Standards, as we periodically issue, modify, and every supplement them, even if you believe that a System Standard, as originally issued or subsequently modified, is not in the Franchise System’s or the FACILITY’s best interests. Although we retain the right to establish and periodically modify System Standards that you have agreed to maintain, you retain the right to control, and supplement them during responsibility for, the term of this AgreementFACILITY’s day-to-day management and operation and implementing and maintaining System Standards at the FACILITY. System Standards may regulate any one or more of the following with respect to the WOB Storefollowing: (a1) design, layout, decor, appearance appearance, and lightinglighting of the Locations; periodic maintenance, cleaning cleaning, and sanitation; periodic remodeling, painting, and decorating; replacement of replacing obsolete or worn-out leasehold improvements, fixtures, furnishings, equipment improvements and signs; televisions; music and other entertainment services; periodic paintingOperating Assets; and use of using interior and exterior signs, emblems, lettering lettering, and logos. (If at any time the appearance or condition of any Location or the Operating Assets does not meet our standards, we will notify you and illuminationidentify the action that you must take to correct the deficiency. If you fail to correct the deficiency within thirty (30) days after we deliver notice, we may enter the Location and take the required action for you, in which case you must immediately reimburse all of our costs.); (b2) types, models models, and brands of required fixturesOperating Assets, furnishingsProducts, equipment, signs, software, materials and suppliesother items and minimum standards and specifications that you must satisfy; (c3) typesrequired and/or authorized Services and Products and unauthorized and prohibited services and products. We always have the right to approve or disapprove in advance all Services and Products offered, contentprovided, size, materials and standards for signagesold by the FACILITY and may add various Classes to and/or remove various Classes from the scope of authorized Services. We may withdraw our approval of previously authorized Services and Products; (d4) required or authorized products designated and product categories including approved suppliers of Operating Assets, source material for all food certain Classes, Products, and beverage other items and portions devoted services. In the case of Products bearing the Marks, source material for certain Classes, certain marketing and public relations services, and KIDVILLE Software, suppliers will be limited to each supplier us, our affiliates, and/or other specified exclusive sources, and you must acquire such Products, source material, marketing and public relations services, and KIDVILLE Software during the Term only from us, our affiliates, and/or the other specified exclusive sources at the prices that we or they decide to charge. (We restrict your sources of products these items and services in order to protect trade secrets and other intellectual property rights, assure quality, assure a reliable supply of Products that meet our standards, achieve better terms of purchase and delivery service, control usage of the Marks by third parties, and monitor the manufacture, packaging, processing, and sale of such items.) In the case of Operating Assets, services other than certain marketing and public relations services, and items other than KIDVILLE® branded Products, KIDVILLE Software, and source material for certain Classes, suppliers may at our option be limited to us, our affiliates, and/or other specified exclusive sources, in which case you must (e.g.at our direction) acquire such Operating Assets, "taps" for beer)other items, and services (including KIDVILLE® membership card services, loyalty and affinity program services, “mystery” and “secret” shopper services, and consumer satisfaction survey processes) during the Term only from us, our affiliates, and/or the other specified exclusive sources at the prices that we or they decide to charge. We have the absolute right to limit the suppliers with whom you may deal; (e5) supply and supplier approval procedures and criteria for items and services that you need to operate your FACILITY but that we allow you to obtain from sources other than us, our affiliates, and/or other specified exclusive sources. If you want to buy for use in operating the FACILITY any product brand, supply, or service that we have not yet approved as meeting our minimum specifications and standards, or to purchase any item or service from a supplier that we have not yet approved or designated, you first must notify us and, at our request, submit samples and any other information we require to determine whether the item, service, or supplier meets our standards and specifications. We may charge you or the supplier a reasonable fee for the inspection and evaluation. We need not approve your request and do not intend to do so if we already have designated specific items, services, and/or suppliers or approved suppliers (which may be limited otherwise have imposed restrictions on the supply system. We also have the right to or include us) of fixtures, furnishings, equipment, signs, software, re-inspect any supplier’s products, ingredientsservices, materials and suppliesfacilities and to revoke our approval of any item, including for all food and beverage itemsservice, or supplier; (f6) terms and conditions of the sale and delivery of, and terms and methods of payment for, products, materials, supplies Products and services, including direct labor, other items and services that you obtain from usus and affiliated and unaffiliated suppliers. This includes our and our affiliates’ right to establish an electronic product ordering system and to require your payment via electronic means before we prepare for shipment and send you Products and other items you have ordered. We and our affiliates have the right not to sell you any Products or other items and not to provide you with services, unaffiliated suppliers or othersto do so (if we have not established or are not then operating an advanced electronic payment system) only on a “cash-on-delivery” or other basis, if you are in default under any agreement with us or our affiliates (and have been notified of that default in writing but have failed to cure that default within the required timeframe, if applicable). You may not use any unapproved products as replacements; (g7) our and our affiliates’ right (without liability) to consult with your suppliers about the status of your account with them and to advise those suppliers and others with whom you, we, our affiliates, and other franchisees deal that you are in default under any agreement with us or our affiliates (but only if we have notified you of that default in writing and you have failed to cure that default within the required timeframe, if applicable); (8) our and our affiliates’ right to receive payments from suppliers on account of their actual or prospective dealings with us, you, and other franchisees and to use all amounts we and our affiliates receive without restriction for any purposes we and our affiliates deem appropriate (unless we and our affiliates agree otherwise with the supplier); (9) your obligation to advise us of (and update) the sales tax rates in your Territory so that we (or a designated vendor) can ensure that the proper sales tax is added to the price for Services paid by customers through the KIDVILLE Software, the Franchise System Website, or other Electronic Media, and your obligation to pay sales taxes directly, or to reimburse us for sales taxes and penalties that we (or the designated vendor) may choose or be obligated to pay, if you fail to advise us of the proper rates; (10) the FACILITY’s use of photo-identification membership check-in and other security-related systems to maximize the protection of families using the FACILITY; (11) sales, marketing, advertising advertising, and promotional programs and materials and media used in such these programs. You must participate in, and comply with the requirements of, any special promotional programs we implement; (h) pricing methods and formats for all products (food and non-food) to be sold, including, for beverage products, pricing by case, 6-pack or single bottles, and the pricing for products (food and non-food) to be consumed on premises; (i) policies for participation and delivery at your WOB Store of food products from restaurants and other food providers, and methods and programs for doing so (if any), as specified by us in the Manuals; (j) preparation of food products to serve at your WOB Store; (k12) use and display of the MarksMarks at the Locations and on apparel, forms, and other materials; (113) honoring KIDVILLE® membership, loyalty, and affinity cards that we or our designee(s) issue and administering loyalty, affinity, and similar programs. You must participate in, and comply with the requirements of, our membership, loyalty, affinity, and similar programs (including our issuing and honoring procedures and giving us all customer-specific information that you receive or generate from operating the FACILITY, which customer-specific information we will be deemed to own); (14) staffing levels for the WOB StoreFACILITY and at each Location, including personnel responsible for inspecting all Locations to ensure that they operate in compliance with System Standards; identifying the FACILITY’s personnel; and employee qualifications, training, dress dress, and appearance (although you have sole responsibility and authority for, among other things, employee selection and promotion, hours worked, rates of employeespay and other benefits, work assigned, and working conditions); (m15) days and hours of operation (including your obligation to operate the FACILITY every day of the week except as we otherwise allow); (16) use of proprietary software and the Franchise System Website, intranets, and extranets; (17) participation at your own expense in our market research and testing and product and service development programs and customer satisfaction programs; (n18) acceptance of complying with our customer complaint resolution procedures, refund policies, and commitment to a 100% customer satisfaction policy and reimbursing us promptly if we choose to resolve a customer complaint because you fail to do so as or when we require; (19) participating as we require (including by paying any required dues and expenses) in any franchisee advisory or other councils we establish for the Franchise System; (20) accepting credit and debit cards, corporate and other franchisee issued gift certificatespayment systems, coupons, frequent diner programs, and payment systems and check verification services; (o21) paying public performance rights fees, publishing royalties, and ASCAP and similar license fees, in the manner and to the parties we designate (including us, our affiliates, and unaffiliated third parties), for copyrighted music or other intellectual property used in Classes or otherwise while operating the FACILITY; (22) bookkeeping, accounting, data processing processing, and record keeping systems, including software, recordkeeping systems and forms; methods, formats, content content, and frequency of reports to us of sales, revenue, financial performance performance, and condition; and furnishing giving us copies of tax returns and other operating and financial information to usfor the FACILITY; (p23) types, amounts, terms terms, and conditions of insurance coverage required to be carried for the WOB Store and standards for underwriters of policies providing required insurance coverageFACILITY; our and our affiliates’ protection and rights under such insurance policies as an additional named insuredinsureds; required or and impermissible insurance contract provisions; assignment of policy rights to us; periodic verification of insurance coverage that must be furnished to uscoverage; our right to obtain insurance coverage for the WOB Store FACILITY at your expense if you fail to obtain required coveragedo so; our right to defend claims; and similar matters relating to insured and uninsured claims; (q24) to the extent allowed by applicable law, the prices for Products and Services sold by the FACILITY, including your required participation in Franchise System-wide discount programs; (25) complying with applicable laws, including those regulating presales and relating to the obligation of parents/caregivers to remain at the FACILITY while their children are attending Classes; obtaining required licenses licenses, permits, and permitscertifications; adhering to good business practices; observing high standards of honesty, integrity, fair dealing dealing, and ethical business conduct in all dealings with customers, suppliers government officials, suppliers, and us and our affiliatesus; and notifying us if any action, suit suit, or proceeding is commenced against you or the WOB Store;FACILITY or if you receive any report, citation, or notice regarding the FACILITY’s failure to comply with any licensing, health, cleanliness, or safety standard; and (r26) regulation of such any other aspects of operating and maintaining the operation and maintenance of the WOB Store FACILITY that we determine from time to time to be useful to preserve or enhance the efficient operation, image image, or goodwill of the Marks and WOB Stores; and (s) your use of, or mandatory or recommended participation in, any e-commerce, Intranet, Internet or Website communities, systems or processes, Website and compliance with any Internet, Intranet or e-commerce policies or procedures we may establish from time to timeKIDVILLE Facilities. You agree that System Standards prescribed from time to time we prescribe in the ManualsOperations Manual, or otherwise communicated communicate to you in writing or other another tangible formform (for example, constitute provisions via Franchise System Website, intranet, or extranet), are part of this Agreement as if fully set forth hereinwithin its text. All references to this Agreement include all System Standards as periodically modified.

Appears in 1 contract

Samples: Franchise Agreement (Longfoot Communications Corp.)

COMPLIANCE WITH SYSTEM STANDARDS. You acknowledge and agree Franchisee acknowledges that your the operation and maintenance of the WOB Store Outlet in accordance strict compliance with Franchisor's System Standards are essential is important to preserve Franchisor and other UFood Outlets. Franchisee agrees strictly to comply with and maintain such System Standards in the goodwill operation of the Marks and all WOB Stores. Therefore, Outlet at all times during the term of this Agreement, you agree to operate and maintain the WOB Store in strict accordance with each and every System Standard, as we periodically modify and supplement them during the term of this Agreement. System Standards may regulate any one or more aspect of the following with respect to the WOB StoreSite's and Outlet's condition, operation, business and maintenance, including: (a1) designall aspects of the offer, layoutsale and display of Nutritional Products and the preparation, decoroffer, appearance presentation and lighting; periodic maintenancesale of Proprietary Products, cleaning food and sanitation; periodic remodeling; replacement beverage items, including proper use of obsolete or worn-out leasehold improvementsingredients and recipes and standards concerning portions, fixturesappearance, furnishingsdisplay, equipment quality, coloring and signs; televisions; music and other entertainment services; periodic painting; flavoring; (2) purchase and use of interior packaging material and exterior signsother supplies for use in connection with the display and/or sales of Proprietary Products, emblems, lettering and logos, and illumination; (b) types, models and brands of required fixtures, furnishings, equipment, signs, software, materials and supplies; (c) types, content, size, materials and standards for signage; (d) required or authorized products and product categories including for all food and beverage items and portions devoted to each supplier of products (e.g., "taps" for beer)Nutritional Products; (e) designated or approved suppliers (which may be limited to or include us) of fixtures, furnishings, equipment, signs, software, products, ingredients, materials and supplies, including for all food and beverage items; (f3) terms and conditions of for the sale and delivery of, and terms and methods of payment for, Proprietary Products, other products, materialsand services that Franchisee obtains from Franchisor and its affiliated and unaffiliated suppliers; and Franchisor’s and its Affiliates’ right not to sell to Franchisee any Proprietary Products, supplies and or other products, or to provide Franchisee with services, including direct laboror to do so only on a “cash-on-delivery” or other basis, that you obtain from us, unaffiliated suppliers if Franchisee is in default under any agreement with Franchisor or othersits Affiliates; (g4) sales, sales and marketing procedures and marketing, advertising advertising, promotional and promotional programs customer service programs, and materials cooperation with Franchisor, its Affiliates and media used its and their franchisees and licensees in such programsthe manner that Franchisor prescribes to provide for and promote the best interests of the Marks and the UFood Outlet network throughout the world; (h5) pricing methods days and formats for all products hours of operation (food which may vary among UFood Outlets), including standards, procedures and non-food) limitations on closing the Outlet to be sold, including, for beverage products, pricing by case, 6-pack or single bottles, and the pricing for products (food and non-food) to be consumed on premisespublic during private parties; (i6) policies requirements for participation vehicles, training, qualifications, conduct and delivery at your WOB Store appearance of food products from restaurants personnel, product packaging, format and use of materials and supplies (including display of the Marks thereon), and other food providers, and methods and programs for doing so (if any), as specified by us in the Manualsaspects of providing Catering Services or Delivery Services; (j7) preparation of food products compliance, and ensuring compliance by Franchisee's vendors and suppliers, with anti-counterfeiting programs periodically implemented by Franchisor, including by purchasing labels, tags and similar items only from suppliers that Franchisor designates or approves (which might include or be limited to serve at your WOB StoreFranchisor or its Affiliates); (k) use 8) layout, decor and display color scheme of the MarksOutlet and the Site; (19) recruitment, selection, training, qualifications, appearance, demeanor and dress of employees, general staffing levels for the WOB StoreOutlet and number, type and qualifications, training, dress and appearance qualifications of employeesOutlet personnel; (m10) safety, maintenance, appearance, quality, cleanliness, sanitation, standards of service and operation of the Outlet and the Site; (11) use and illumination of signs, posters, displays, standard formats and similar items; (12) identification of Franchisee as the owner of the Outlet; (13) participating in customer loyalty programs and periodic promotion of Franchisor’s franchise opportunities; (14) issuing and honoring gift certificates, gift cards, coupons, stored value cards and similar items and participating in other promotions; and (15) participation in market research and testing and product and service development test programs and customer satisfaction programs; (n) acceptance of credit cards, corporate and other franchisee issued gift certificates, coupons, frequent diner programs, and payment systems and check verification services; (o) bookkeeping, accounting, data processing and record keeping systems, including software, and forms; methods, formats, content and frequency of reports to us of sales, revenue, financial performance and condition; and furnishing tax returns and other operating and financial information to us; (p) types, amounts, terms and conditions of insurance coverage required to be carried for the WOB Store and standards for underwriters of policies providing required insurance coverage; our protection and rights under such policies as an additional named insured; required or impermissible insurance contract provisions; assignment of policy rights to us; periodic verification of insurance coverage that must be furnished to us; our right to obtain insurance coverage for the WOB Store at your expense if you fail to obtain required coverage; our right to defend claims; and similar matters relating to insured and uninsured claims; (q) complying with applicable laws; obtaining required licenses and permits; adhering to good business practices; observing high standards of honesty, integrity, fair dealing and ethical business conduct in all dealings with customers, suppliers and us and our affiliates; and notifying us if any action, suit or proceeding is commenced against you or the WOB Store; (r) regulation of such other approved by Franchisor concerning various aspects of the operation System, including procedures, systems, techniques, furnishings, fixtures, equipment, signs, labels, trade dress, logos, packaging, supplies, marketing materials and maintenance of the WOB Store strategies, merchandising and products and services. Franchisee agrees, if requested by Franchisor, to participate in Franchisor's customer surveys and market research programs. Franchisee acknowledges and agrees that we determine from time to time to be useful to preserve or enhance the efficient operation, image or goodwill of the Marks and WOB Stores; and (s) your use of, or all mandatory or recommended participation in, any e-commerce, Intranet, Internet or Website communities, systems or processes, Website and compliance with any Internet, Intranet or e-commerce policies or procedures we may establish from time to time. You agree that System Standards prescribed from time to time by Franchisor in the Manuals, Manuals or otherwise communicated to you Franchisee in writing or other tangible form, constitute provisions form are part of this Agreement as if fully set forth within its text and shall constitute binding obligations on the part of Franchisee as if fully set forth herein. All references to this Agreement shall include all System Standards Standards, as periodically modified. Any failure by Franchisee to adhere to such System Standards or to pass Franchisor's periodic quality control inspections shall constitute grounds for termination of this Agreement by Franchisor, as provided in Section 15.B. Franchisee acknowledges that Franchisor's periodic modification of System Standards (including changes to the components of the Computer System and Specified Software), which may accommodate local or regional variations, may obligate Franchisee to invest additional capital in the Outlet and/or incur higher operating costs, and Franchisee agrees to do so within the time period that Franchisor specifies.

Appears in 1 contract

Samples: Franchise Agreement (UFood Restaurant Group, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!