Common use of Initial Franchise Fee Clause in Contracts

Initial Franchise Fee. The amount of the initial franchise fee, set forth in Section 4.1 of the Agreement, shall be: $ . Fully executed this ___day of , 2005. ROCKY MOUNTAIN CHOCOLATE FACTORY, INC. By: Title: FRANCHISEE: Individually AND: (if a corporation or partnership) Company Name By: Title: EXHIBIT II TO FRANCHISE AGREEMENT GUARANTY AND ASSUMPTION OF FRANCHISEE’S OBLIGATIONS In consideration of, and as an inducement to, the execution of the above Franchise Agreement (the “Agreement”) by Rocky Mountain Chocolate Factory, Inc. (“the Franchisor”), each of the undersigned hereby personally and unconditionally: Guarantees to the Franchisor and its successors and assigns, for the term of this Agreement, including renewals thereof, that the franchisee, as that term is defined in the Agreement (“Franchisee”), shall punctually pay and perform each and every undertaking, agreement and covenant set forth in the Agreement; and Agrees to be personally bound by, and personally liable for the breach of, each and every provision in the Agreement. Each of the undersigned waives the following:

Initial Franchise Fee. The amount of the initial franchise fee, set forth in Section inSection 4.1 of the Agreement, shall be: $ . Fully executed this ___day of , 20052007. ROCKY MOUNTAIN CHOCOLATE FACTORY, INC. By: Title: Bxxxx X. Xxxxxxxx, Chief Operating Officer FRANCHISEE: Individually AND: (if a corporation or partnership) Company Name By: Title: EXHIBIT II TO FRANCHISE AGREEMENT GUARANTY AND ASSUMPTION OF FRANCHISEE’S OBLIGATIONS In consideration of, and as an inducement to, the execution of the above Franchise Agreement (the “Agreement”) by Rocky Mountain Chocolate Factory, Inc. (“the Franchisor”), each of the undersigned hereby personally and unconditionally: Guarantees to the Franchisor and its successors and assigns, for the term of this Agreement, including renewals thereof, that the franchisee, as that term is defined in the Agreement (“Franchisee”), shall punctually pay and perform each and every undertaking, agreement and covenant set forth in the Agreement; and Agrees to be personally bound by, and personally liable for the breach of, each and every provision in the Agreement. Each of the undersigned waives the following:

Initial Franchise Fee. The amount of the initial franchise fee, set forth in Section 4.1 of the Agreement, shall be: $ . Fully executed this ___day of , 200520 . ROCKY MOUNTAIN CHOCOLATE FACTORY, INC. By: Title: FRANCHISEE: Individually AND: (if a corporation or partnership) Company Name By: Title: FRANCHISE AGREEMENT EXHIBIT II TO FRANCHISE AGREEMENT GUARANTY AND ASSUMPTION OF FRANCHISEE’S OBLIGATIONS In consideration of, and as an inducement to, the execution of the above Franchise Agreement (the “Agreement”) by Rocky Mountain Chocolate Factory, Inc. (“the Franchisor”), each of the undersigned hereby personally and unconditionally: Guarantees to the Franchisor and its successors and assigns, for the term of this the Agreement, including renewals thereof, that the franchisee, as that term is defined in the Agreement (“Franchisee”), shall punctually pay and perform each and every undertaking, agreement and covenant set forth in the Agreement; and Agrees to be personally bound by, and personally liable for the breach of, each and every provision in the Agreement. Each of the undersigned waives the following:

Initial Franchise Fee. The amount of the initial franchise fee, set forth in Section 4.1 of the Agreement, shall be: $ . Fully executed this ___day of , 2005. ROCKY MOUNTAIN CHOCOLATE FACTORY, INC. By: Title: FRANCHISEE: Individually AND: (if a corporation or partnership) Company Name By: Title: EXHIBIT II TO FRANCHISE AGREEMENT GUARANTY AND ASSUMPTION OF FRANCHISEE’S OBLIGATIONS In consideration of, and as an inducement to, the execution of the above Franchise Agreement (the “Agreement”) by Rocky Mountain Chocolate Factory, Inc. (“the Franchisor”), each of the undersigned hereby xxxxxx personally and unconditionally: Guarantees to the Franchisor and its successors and assigns, for the term of this Agreement, including renewals thereof, that the franchisee, as that term is defined in the Agreement (“Franchisee”), shall punctually pay and perform each and every undertaking, agreement and covenant set forth in the Agreement; and Agrees to be personally bound by, and personally liable for the breach of, each and every provision in the Agreement. Each of the undersigned waives the following:

Initial Franchise Fee. The amount of the initial franchise fee, set forth in Section 4.1 of the Agreement, shall be: $ . Fully executed this ___day of , 200520___. ROCKY MOUNTAIN CHOCOLATE FACTORY, INC. By: Title: FRANCHISEE: Individually AND: (if a corporation or partnership) Company Name By: Title: EXHIBIT II TO FRANCHISE AGREEMENT GUARANTY AND ASSUMPTION OF FRANCHISEE’S OBLIGATIONS In consideration of, and as an inducement to, the execution of the above Franchise Agreement (the “Agreement”) by Rocky Mountain Chocolate Factory, Inc. (the “the Franchisor”), each of the undersigned hereby personally and unconditionally: Guarantees to the Franchisor and its successors and assigns, for the term of this the Agreement, including renewals thereof, that the franchisee, as that term is defined in the Agreement (“Franchisee”), shall punctually pay and perform each and every undertaking, agreement and covenant set forth in the Agreement; and Agrees to be personally bound by, and personally liable for the breach of, each and every provision in the Agreement. Each of the undersigned waives the following: