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: 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 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: 1. Acceptance and notice of acceptance by the Franchisor of the foregoing undertaking; 2. Notice of demand for payment of any indebtedness or nonperformance of any obligations hereby guaranteed; 3. Protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations hereby guaranteed; 4. Any right he or she may have to require that any action be brought against Franchisee or any other person as a condition of liability; and 5. Any and all other notices and legal or equitable defenses to which he or she may be entitled. Each of the undersigned consents and agrees that: 1. His or her direct and immediate liability under this guaranty shall be joint and several; 2. He or she shall render any payment or performance required under the Agreement upon demand if Franchisee fails or refuses punctually to do so;

Initial Franchise Fee. The amount of the initial franchise fee, set forth referenced in Section 4.1 1.2 of the Agreement, shall be: $ Agreement is $_________. Fully executed this ____ day of ________________, 2005. ROCKY MOUNTAIN CHOCOLATE FACTORY, INC20___. By: :______________________________ By:___________________________ Print Name______________________ Print Name ____________________ Title: FRANCHISEE: Individually AND: ________________________ Title:_________________________ (if a corporation one or partnershipmore individuals) Company Print Name By____________________ __________________________________ Print Name:_________________________ S.S.N. or E.I.N. of Franchisee: Title: _________________________ _________________________ In consideration of, and as an inducement to, the execution by U-Swirl International, Inc. (“USI”) of the above that certain Franchise Agreement (the “Agreement”) entered into by Rocky Mountain Chocolate Factory, Inc. USI and the Franchisee named below (“Franchisee”) on the Franchisor”), each date listed below: 1. Each of the undersigned xxxxxx personally and unconditionally: Guarantees unconditionally (a) guarantees to the Franchisor USI, and its successors and assigns, for the term of this the Agreement and thereafter as provided in the Agreement, including renewals thereof, that the franchisee, as that term is defined in the Agreement (“Franchisee”), shall Franchisee will punctually pay and perform each and every undertaking, agreement agreement, and covenant set forth in the Agreement; and Agrees (b) agrees to be personally bound by, and personally liable liable, for the breach of, of each and every provision in the Agreement, both monetary obligations and obligations to take or refrain from taking specific actions or to engage or refrain from engaging in specific activities. 2. Each of the undersigned waives the following: 1. Acceptance waives: (a) acceptance and notice of acceptance by the Franchisor USI of the foregoing undertaking; 2. Notice undertakings; (b) notice of demand for payment of any indebtedness or nonperformance non-performance of any obligations hereby guaranteed; 3. Protest ; (c) protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations hereby guaranteed; 4. Any ; (d) any right he or she the undersigned may have to require that any an action be brought against Franchisee or any other person as a condition of liability; and 5. Any and (e) any and all other notices and legal or equitable defenses to which he or she the undersigned may be entitled. 3. Each of the undersigned consents and agrees that: 1. His or her : (a) the undersigned’s direct and immediate liability under this guaranty shall will be joint and several; 2. He or she shall ; (b) the undersigned will render any payment or performance required under the Agreement upon demand if Franchisee fails or refuses punctually to do so;; (c) the undersigned’s liability will not be contingent or conditioned upon pursuit by USI of any remedies against Franchisee or any other person; and (d) the undersigned’s liability will not be diminished, relieved, or otherwise affected by (i) any change in the Agreement that has been agreed to by USI and Franchisee, or (ii) any extension of time, credit, or other indulgence that USI may from time to time grant to Franchisee or to any other entity or person, including without limitation, the acceptance of any partial payment or performance, or the compromise or release of any claims, none of which will in any way modify or amend this guaranty, which will be continuing and irrevocable during the term of the Agreement.

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 FACTORYBxxxx X. Xxxxxxxx, INC. By: Title: FRANCHISEE: Chief Operating Officer Individually AND: (if a corporation or partnership) Company Name By: Title: 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 xxxxxx 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: 1. Acceptance and notice of acceptance by the Franchisor of the foregoing undertaking; 2. Notice of demand for payment of any indebtedness or nonperformance of any obligations hereby guaranteed; 3. Protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations hereby guaranteed; 4. Any right he or she may have to require that any action be brought against Franchisee or any other person as a condition of liability; and 5. Any and all other notices and legal or equitable defenses to which he or she may be entitled. Each of the undersigned consents and agrees that: 1. His or her direct and immediate liability under this guaranty shall be joint and several; 2. He or she shall render any payment or performance required under the Agreement upon demand if Franchisee fails or refuses punctually to do so;

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: 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 xxxxxx 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: 1. Acceptance and notice of acceptance by the Franchisor of the foregoing undertaking; 2. Notice of demand for payment of any indebtedness or nonperformance of any obligations hereby guaranteed; 3. Protest and notice of default to any party with respect to the indebtedness or nonperformance of any obligations hereby guaranteed; 4. Any right he or she may have to require that any action be brought against Franchisee or any other person as a condition of liability; and 5. Any and all other notices and legal or equitable defenses to which he or she may be entitled. Each of the undersigned consents and agrees that: 1. His or her direct and immediate liability under this guaranty shall be joint and several; 2. He or she shall render any payment or performance required under the Agreement upon demand if Franchisee fails or refuses punctually to do so;