Common use of Franchisee Obligations Clause in Contracts

Franchisee Obligations. The Franchisee will: (a) comply with any special conditions set out in Schedule 3; (b) procure that all persons who wish to act as Authorised Representatives through the Franchisee submit an Application to MLC Advice. MLC Advice may refuse to provide a Letter of Authority to a person in its absolute discretion; (c) not act in connection with this agreement through any person unless MLC Advice has provided a Letter of Authority to that person; (d) ensure that each Authorised Representative executes an Authorised Representative Agreement; (e) procure that (in accordance with their obligations under the Authorised Representative Agreement) the Authorised Representatives provide the Financial Planning Services to Clients on behalf of MLC Advice, subject to each Authorised Representative having received a Letter of Authority and any necessary accreditations from MLC Advice; (f) comply and ensure that the Enterprise is carried on in compliance with the Statutory Requirements, the Licensee Standards, the Operating Procedures, and MLC Advice’s reasonable operating requirements as notified from time to time; (g) provide to MLC Advice information and assistance reasonably requested by MLC Advice in respect of the Enterprise, including information and assistance to enable MLC Advice to comply with its obligations under all Statutory Requirements; (h) ensure that each Authorised Representative has the competence, training, education and experience necessary to provide the Financial Planning Services in accordance with the Authorised Representative’s Letter of Authority; (i) except to the extent that MLC Advice agrees to pay, pay all travel, accommodation and course expenses in relation to all initial and ongoing training and education programs which MLC Advice (acting reasonably) deems necessary in order to comply with clause 6(h) above; (j) notify MLC Advice immediately if there is a change to any details relating to an Authorised Representative that are required under section 916F(2) of the Corporations Xxx 0000; (k) if the Financial Planning Services are provided to retail Clients, comply with MLC Advice’s client dispute resolution system; (l) maintain Client files in accordance with the Statutory Requirements, including, without limitation: (i) copies of all statements of advice, statements of additional advice, financial services guides, supplementary financial services guides and written evidence as to which version of the relevant product disclosure statement(s) was provided to the Client; (ii) in relation to the provision of personal advice, records of each Client’s relevant personal circumstances, inquiries made about those relevant personal circumstances, the consideration and investigation conducted in relation to the advice, the reasons why the advice was considered appropriate; (iii) in relation to any financial services guides and supplementary financial services guides, the date that appears on the relevant financial services guide and the date that it was given to the Client; and (iv) in relation to each statement of advice, statements of additional advice, a record of the date it was given to the Client, for at least seven years from the date that they were provided to the Client in accordance with the Statutory Requirements or, if not required to be provided to the Client in accordance with the Statutory Requirements, for at least seven years from the date that they were created. The Franchisee will immediately deliver to MLC Advice all Records and Client files (including electronic and hard copy files) upon termination of this agreement. (m) ensure that only Authorised Representatives provide the Financial Planning Services; (n) be solely responsible for all costs and expenses of, and payments due to, each Authorised Representative employed or engaged by it including where applicable any payments in respect of remuneration, termination, PAYG, payroll and fringe benefits tax, leave, superannuation or workers compensation, accident, sickness or life insurance. Nothing in this agreement constitutes or deems any Authorised Representative to be an employee of MLC Advice; (o) provide adequate and appropriate staffing services and, other than as provided by MLC Advice (as set out in the Licensee Standards and Operating Procedures), information technology in order for the Franchisee and the Authorised Representatives to fulfil their obligations under this agreement, the Authorised Representative Agreement and the law; (p) provide MLC Advice with any information reasonably required (including for purposes of MLC Advice’s compliance with Statutory Requirements) relating to the Franchisee’s activities and obligations under this agreement; (q) comply with the restrictions on the use of the Trade Marks, Franchise Materials and MLC Advice’s other Intellectual Property Rights as set out in clause 11 and as set out in the Licensee Standards and Operating Procedures or as otherwise required by MLC Advice; (r) provide full and relevant training to all employees of the Franchisee as required for their respective roles in the Enterprise; (s) permit MLC Advice (including its employees and agents) to have access to its premises to evaluate the Enterprise and ensure that the Franchisee complies with its obligations under this agreement, and to take copies and extracts of records for the purposes of compliance reviews, audits and complaints investigations; (t) liaise with MLC Advice on the development and (subject to compliance obligations) the implementation of any Franchisee marketing plan; (u) provide to each Authorised Representative associated with the Franchisee a summary of Authorised Representative and Franchisee obligations that is prepared from time to time by MLC Advice and provided to the Franchisee for distribution to Authorised Representatives; (v) ensure that each Authorised Representative complies with the Authorised Representative Agreement; (w) consult with MLC Advice regarding any marketing initiatives and promotional material contemplated by the Franchisee. The Franchisee must obtain MLC Advice’s written consent to the final form of any such marketing and promotional materials prior to use or distribution in the marketplace. Any such marketing initiatives and promotional material initiated by the Franchisee will be at the sole cost of the Franchisee, unless otherwise agreed in writing by MLC Advice; (x) contribute to the further development of the MLC Advice model, office procedures and store functions; (y) comply with the Licensee Standards, Operating Procedures and MLC Advice reasonable operating requirements as notified from time to time; (z) provide MLC Advice, upon request, with a report detailing Client activity, revenue generated, financial records and such other details relevant to the Program and the Enterprise as requested by MLC Advice from time to time; (aa) pay all expenses associated with the Franchisee’s obligations detailed in this agreement. The Franchisee will submit a detailed expenses report to MLC Advice upon request by MLC Advice; (bb) subject to clause 11.3, register the company name specified in item 2(b) of Schedule 1 and identify the Franchised Business by that name during the term; and (cc) before starting to operate the Enterprise, ensure that the Principal attends and completes to MLC Advice’s satisfaction, any training required by MLC Advice at the time and location as MLC Advice may specify.