Common use of Initial Training Clause in Contracts

Initial Training. Before the Restaurant opens, we will furnish initial training on the operation of an EVOS® Restaurant to you and 1 other person (or, if you are a Business Entity, up to 2 of your owners—or 1 owner and 1 manager) (“Initial Training”). If space is available at such Initial Training session, we will furnish Initial Training for up to 3 additional people at no additional charge. The Initial Training lasts for 4 to 6 weeks and will be furnished at our designated training facility and/or at an operating EVOS® Restaurant, as we specify. You, or your owners, are required to complete the Initial Training to our satisfaction. We, in our sole judgment, may change, modify, amend or designate the content and process of Initial Training. Successful completion of the Initial Training program by you, or your owners, is a condition to the opening of the EVOS® Restaurant to the public. You also are required to participate in all other activities required to operate the Restaurant. Although we will furnish Initial Training to you, or your owners, at no additional fee or other charge, you will be responsible for all travel and living expenses which such persons incur in connection with Initial Training and any other training we require or recommend. You agree to replace an employee if we determine that he or she is not qualified to serve at the Restaurant. If we determine that you, or your owners, are unable to complete Initial Training to our satisfaction, we have the right to terminate this Agreement. If this Agreement is terminated for any reason, you will sign a general release, in form satisfactory to us, of any and all claims against us and our shareholders, officers, directors, employees and agents. If you fail to satisfactorily complete the Initial Training, we will terminate the Agreement. As part of your Initial Training, we will provide your Restaurant an “opening team” consisting of such numbers and types of personnel we designate, for such time period as we may designate, to assist you with the operational, administrative, customer service and advertising aspects of operating your Restaurant. We require you, at your expense, to provide on-site meals and beverages to the opening team while it provides assistance to you. You must fully cooperate with the efforts of the opening team. However, if you are a transferee of an existing EVOS® Restaurant, we are not obligated to provide you an opening team or any on-site assistance.

Initial Training. If this is your first KIDVILLE Facility, an owner of yours who actually has management control of the operation of your FACILITY must, before you commence pre-sales, attend an initial orientation and training session for approximately two (2) weeks at our principal business address or another designated location. (We refer to this owner with management control who attends training as the “Trained Owner.”) Before the Restaurant opensyour FACILITY commences operation, we will furnish initial provide our training on the operation of an EVOS® Restaurant program (which is scheduled to you and 1 other person run for approximately four (or, if you are a Business Entity, up to 2 of 4) weeks) for your owners—or 1 owner and 1 managerTrained Owner (who also may be your Operator) (“Initial Training”). If space is available at such Initial Training session, we will furnish Initial Training for up to 3 additional people at no additional charge. The Initial (Training lasts for 4 to 6 weeks may be longer or shorter depending on our opinion of the Trained Owner’s experience and needs.) This training, which focuses on our philosophy, System Standards, and the material aspects of operating a KIDVILLE Facility, will be furnished take place at our a designated training facility of our choice (at our corporate headquarters and/or at an operating EVOS® RestaurantKIDVILLE Facility). If your Trained Owner is not also your Operator, as we specify. You, or your owners, are required to complete the Initial Training to our satisfaction. We, in our sole judgment, may change, modify, amend or designate the content and process Operator must attend approximately two (2) weeks of Initial Training. Successful completion of the Initial Training program by you, or your owners, is a condition to the opening of the EVOS® Restaurant to the public. You also are required to participate in all other activities required to operate the Restaurant. Although we will furnish Initial Training to you, or your owners, training at no additional fee or other chargecharge at a designated training facility of our choice (at our corporate headquarters and/or at an operating KIDVILLE Facility). We also will provide up to four (4) days of training at no additional charge for your Early Childhood Development Director and your Director of Birthday Parties. Your Trained Owner, you will be responsible for Operator, and directors must satisfactorily complete their respective training regimen and pass applicable operations and proficiency tests. You agree to pay all travel and living expenses which such persons expenses, wages, and workers’ compensation insurance that your Trained Owner, Operator, directors, and other employees incur in connection with Initial Training and any other training we require or recommendduring training. You agree to replace an employee your Operator (if we determine that he or she is not also your Trained Owner) and directors if we believe they are not qualified or suitable to serve at hold their positions and to pay our then current fee to train their replacements. Our training program will include a “train the Restauranttrainer” module so that your senior-level personnel can learn how to train your other employees. If we determine that youyour Trained Owner (whether or not he or she also is your Operator) cannot satisfactorily complete initial training (and he or she, or your ownersa replacement, are unable to cannot satisfactorily complete Initial Training to our satisfactiona repeat training program), we may terminate this Agreement. Under those circumstances, we will keep one-half (1/2) of the initial franchise fee. We will return the remaining portion of the initial franchise fee if you sign our required form of release of claims. Your Trained Owner and Operator may request additional or repeat training at the end of the initial training and orientation programs if they do not feel sufficiently trained in the operation of a KIDVILLE Facility. We and you will jointly determine the duration of any additional training, which is subject to the availability of our personnel. You must pay our then current charges for this additional or repeat training. However, if your Trained Owner and Operator satisfactorily complete our initial training and orientation programs, and have not expressly informed us at the end of those programs that they do not feel sufficiently trained in the operation of a KIDVILLE Facility, then your Trained Owner and Operator will be deemed to have been trained sufficiently to operate a KIDVILLE Facility. If this is your first or second KIDVILLE Facility franchise, we will send one or more of our representatives to your Hub Location at our cost for up to one (1) week to assist in the initial stages of the FACILITY’s operation and to help train your employees on-site. We will send our representative(s) to your Hub Location before you begin conducting Classes or during your first semester (i.e., four months) of operation (at our option). We need not send representatives to your Annex Locations (even if this is your first KIDVILLE Facility franchise) or to a third or subsequent Hub Location you develop. If you request, and we agree to provide, additional or special guidance, assistance, or training before you begin conducting Classes or during the first semester, you agree to pay our then applicable charges, including our personnel’s per diem charges (including wages) and travel, hotel, and living expenses. Approximately ninety (90) days after the FACILITY commences operation, your Trained Owner and Operator must attend three (3) days of advanced training at a designated training facility of our choice (at our corporate headquarters and/or at an operating KIDVILLE Facility). You must arrange for this advanced training before the ninety (90) day period ends. All FACILITY personnel in customer contact positions must be able to speak, read, write, and understand the English language fluently. We have the right to terminate this Agreement. If this Agreement is terminated for any reason, you will sign decide whether a general release, in form satisfactory to us, of any and all claims against us and our shareholders, officers, directors, employees and agents. If you fail to satisfactorily complete person has the Initial Training, we will terminate the Agreement. As part of your Initial Training, we will provide your Restaurant an “opening team” consisting of such numbers and types of personnel we designate, for such time period as we may designate, to assist you with the operational, administrative, customer service and advertising aspects of operating your Restaurant. We require you, at your expense, to provide on-site meals and beverages to the opening team while it provides assistance to you. You must fully cooperate with the efforts of the opening team. However, if you are a transferee of an existing EVOS® Restaurant, we are not obligated to provide you an opening team or any on-site assistancerequired English fluency.

Initial Training. Before the Restaurant opensopening of your COLOR ME MINE® Studio, we CMME will furnish conduct an initial training on program in the operation of an EVOSthe COLOR ME MINE® Restaurant Studio under the CMME System for you. You must attend and successfully complete the training program to the satisfaction of CMME before you may open a COLOR ME MINE® Studio. We will make available to you a mandatory initial orientation and 1 other person (or, if you are a Business Entity, training course of up to 2 of your owners—or 1 owner 10 days. This initial orientation and 1 manager) (“Initial Training”). If space is available at such Initial Training session, we will furnish Initial Training for up to 3 additional people at no additional charge. The Initial Training lasts for 4 to 6 weeks and training course will be furnished provided at our designated corporate headquarters or other training facility and/or at an operating EVOS® Restaurant, locations as we specifymay designate. YouDuring and after your Franchised Business commencement, or an additional training segment comprised of approximately three days will be provided to you in your ownersCOLOR ME MINE® Studio. There is no charge for the initial orientation and training course, are required to complete the Initial Training to our satisfaction. We, in our sole judgment, may change, modify, amend or designate the content and process of Initial Training. Successful completion of the Initial Training program by you, or your owners, is a condition to the opening of the EVOS® Restaurant to the public. You also are required to participate in all other activities required to operate the Restaurant. Although we will furnish Initial Training to you, or your owners, at no additional fee or other charge, except that you will be responsible for any travel, room and board and other expenses which you incur in connection with this training and for any salary and other expenses paid or incurred by or on behalf of you in connection with this training. There is no charge for the additional training segment to take place at your COLOR ME MINE® Studio, except that you will pay for travel, lodging and per diem for the opening trainer. If you fail the initial training and orientation course, then at our option we may: (1) retrain you at your expense until you successfully complete the course; or (2) Terminate this Agreement and return to you 50% of the initial franchise fee if and when the Exclusive Area defined in this Agreement is sold to a third party. You are an independent operator, and are solely responsible for all personnel management in your Studio, including but not limited to hiring and terminating, training, scheduling, disciplining, establishing wages, and setting working conditions and rules. Your employee applications and other employee forms must include your legal business name as sole employer. Your employees must sign a statement that they are solely employed by your business and not by CMME. Any support and initial training provided to you by CMME is not in lieu of your responsibility to train and supervise your employees. No employee management services are provided by CMME. You may seek qualified employment and human resource consultants and payroll services of your own choosing. CMME may offer continuing education programs on matters related to the operation or promotion of the COLOR ME MINE® Studio on an optional or mandatory basis, as it considers appropriate. In the event that you request additional assistance after your Franchised Business begins operation, and we deem it appropriate in our sole discretion, we will provide a representative at times and places as we deem necessary and convenient. You must pay our then current costs, as well as per diem and all reasonable travel and living expenses which such persons incur in connection with Initial Training and any other such assistance. Our training we require or recommend. You agree will be provided to replace an employee if we determine that he or she is not qualified to serve at the Restaurant. If we determine that you, or your owners, are unable to complete Initial Training to our satisfaction, we have the right to terminate this Agreement. If this Agreement is terminated for any reason, you will sign a general releaseand, in form satisfactory some cases, your Studio Manager. It is your responsibility to us, of any and all claims against us and our shareholders, officers, directors, train your employees and agents. If you fail to satisfactorily complete the Initial Training, we will terminate the Agreement. As part of your Initial Training, we will provide your Restaurant an “opening team” consisting of such numbers and types of personnel we designate, for such time period as we may designate, to assist you with the operational, administrative, customer service and advertising aspects of operating your Restaurant. We require you, at your expense, to provide on-site meals and beverages to the opening team while it provides assistance to you. You must fully cooperate with the efforts of the opening team. However, if you are a transferee of an existing EVOS® Restaurant, we are not obligated to provide you an opening team or any on-site assistancecontract labor.

Initial Training. Before Prior to the Restaurant opensEffective Date, we will furnish you agree to be certified by us as having satisfactorily completed the initial training on program for operating a franchised 7-Eleven Store. You become certified in the operation of following manner. If you are one (1) individual, then you will be the trainee, and you may designate up to one (1) additional individual that we approve to be an EVOS® Restaurant additional trainee. If you are two (2) individuals, then those two (2) individuals will be the trainees. If you become certified, you agree to pay for all expenses related to initial training, excluding lodging costs (if we require you to travel for initial training and 1 other person (orlodging is necessary), if you are a Business Entityany, up to 2 and our costs of providing the initial training. If any of your owners—or 1 owner and 1 manager) (“Initial Training”). If space is available at such Initial Training session, we will furnish Initial Training for up trainees fail to 3 additional people at no additional charge. The Initial Training lasts for 4 to 6 weeks and will be furnished at our designated become certified by us as having satisfactorily completed the initial training facility and/or at an operating EVOS® Restaurant, as we specify. You, or your owners, are required to complete the Initial Training to our satisfaction. We, in our sole judgment, may change, modify, amend or designate the content and process of Initial Training. Successful completion of the Initial Training program by you, or your owners, is a condition to the opening of the EVOS® Restaurant to the public. You also are required to participate in all other activities required to operate the Restaurant. Although we will furnish Initial Training to you, or your owners, at no additional fee or other chargeprogram, you will agree to be responsible for all travel and living expenses which such persons incur related to the initial training, including lodging, but excluding our costs of providing the initial training. At any time before the Effective Date, if any of your trainees do not show an understanding of the training, are not satisfactory to us in connection with Initial Training and any other training we require or recommend. You agree to replace an employee if we determine that he or she is not qualified to serve at the Restaurant. If we determine that yourespect, or your owners, are unable to complete Initial Training to our satisfaction, we have otherwise not progressing in the right to terminate this Agreement. If this Agreement is terminated for any reason, you will sign initial training program in a general release, in form manner satisfactory to us, we may stop providing initial training to such trainee(s) or refuse to certify, or revoke the certification of, any such trainee(s). If we discontinue initial training, do not certify, or revoke the certification of any trainee, then: (a) the business relationship, if any, between you and all claims against us will immediately terminate; (b) this Agreement will not become effective and our shareholderswill be null and void; and (c) we agree to refund the Down Payment and the Franchise Fee to you, officerswithout interest, directorsafter deducting any amount you owe us, employees and agentsincluding any initial training expenses for which we have reimbursed you or which we have paid on your behalf. If you fail incur any expenses in attempting to satisfactorily complete the Initial Training, we will terminate the Agreement. As part of your Initial Training, we will provide your Restaurant an “opening team” consisting of such numbers and types of personnel we designate, obtain a 7-Eleven Store franchise or if you rely in any other way on obtaining a franchise from us (including incurring out-of-pocket expenses other than those for such time period as which we may designatereimburse you under this Paragraph 4), to assist then you with the operational, administrative, customer service and advertising aspects of operating your Restaurant. We require you, agree that you will have done so solely at your expenseown risk, to provide on-site meals based on your own judgment and beverages to the opening team while it provides assistance to you. You must fully cooperate with the efforts of the opening team. However, if you are a transferee of an existing EVOS® Restaurant, we are not obligated to provide you an opening team in reliance upon any statements or any on-site assistancerepresentations from us or our agents or representatives.