Common use of Prearranged Payments Clause in Contracts

Prearranged Payments. Under the terms of Section 11.4 of the Agreement, the Franchisee authorizes the Franchisor to initiate debit entries and/or credit correction entries to the Franchisee’s checking and/or savings account identified below and authorizes the depository identified below (“Depository”) to debit such account pursuant to the Franchisor’s instructions. Depository Branch City State Zip Code Bank Transit/ABA Number Account Number ROCKY MOUNTAIN CHOCOLATE FACTORY, INC. Date: __________________ By: Title: FRANCHISEE: Date: __________________ Individually AND: (if a corporation or partnership) Company Name Date: __________________ By: Title: FRANCHISE AGREEMENT EXHIBIT V TO THE FRANCHISE AGREEMENT PERMIT, LICENSE AND CONSTRUCTION CERTIFICATE Franchisor and Franchisee are parties to a Franchise Agreement dated _________, 20___ for the development and operation of ROCKY MOUNTAIN CHOCOLATE FACTORY Store located at _________________________________________________ (the “Franchised Location”). In accordance with Section 5.6 of the Franchise Agreement, Franchisee certifies to Franchisor that the Franchised Location complies with all applicable federal, state and local laws, statutes, codes, rules, regulations and standards including, but not limited to, the federal Americans with Disabilities Act and any similar state or local laws. The Franchisee has obtained all such permits and certifications as may be required for the lawful construction and operation of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store, together with all certifications from government authorities having jurisdiction over the site that all requirements for construction and operation have been met, including without limitation, zoning, access, sign, health, safety requirements, building and other required construction permits, licenses to do business, sales tax permits, health and sanitation permits and ratings and fire clearances. The Franchisee has obtained all customary contractors’ sworn statements and partial and final lien waivers for construction, remodeling, decorating and installation of equipment at the Franchised Location. The Franchisee acknowledges that it is an independent contractor and that the requirement of this certification does not constitute ownership, control, leasing or operation of the Store or the Franchised Location by the Franchisor, but rather provides notice to Franchisor that the Franchisee has complied with all applicable laws. The Franchisee asserts that Franchisor may justifiably rely on the information contained in this certificate. FRANCHISEE: Individually AND: (if a corporation or partnership) Company Name By: Title: FRANCHISE AGREEMENT EXHIBIT VI TO FRANCHISE AGREEMENT CONFIDENTIALITY AND NONCOMPETITION AGREEMENT AGREEMENT, dated _________, 20___, by and between Rocky Mountain Chocolate Factory, Inc. (“Franchisor”) and ______________________________________, a(n) [directors, officer, partner, principal, employee, agent or stockholder] of _________ (the “Franchisee”). All capitalized terms not otherwise defined herein shall have the meanings set forth in the Franchise Agreement, defined below. The Franchisor has granted to the Franchisee, pursuant to that certain Franchise Agreement dated _________, 20___, (the “Franchise Agreement”), the right to operate a ROCKY MOUNTAIN CHOCOLATE FACTORY Store. The undersigned, in consideration of the receipt and/or use of the Operations Manual and other information proprietary to the Franchisor, including but not limited to methods, strategies and techniques developed by the Franchisor relating to operations, marketing, training, advertising, trade secrets, recipes and other confidential data (collectively referred to as “Proprietary Information”), agrees with the Franchisor as follows:

Prearranged Payments. Under the terms of Section 11.4 of the Agreement, the Franchisee authorizes the Franchisor to initiate debit entries and/or credit correction entries to the Franchisee’s checking and/or savings account identified below and authorizes the depository identified below (“Depository”) to debit such account pursuant to the Franchisor’s instructions. Depository Branch City State Zip Code Bank Transit/ABA Number Account Number ROCKY MOUNTAIN CHOCOLATE FACTORY, INC. Date: __________________ By: Title: FRANCHISEE: Date: __________________ Individually AND: (if a corporation or partnership) Company Name Date: __________________ By: Title: FRANCHISE AGREEMENT EXHIBIT V TO THE FRANCHISE AGREEMENT PERMIT, LICENSE AND CONSTRUCTION CERTIFICATE Franchisor and Franchisee are parties to a Franchise Agreement dated _________, 20___ 2005 for the development and operation of ROCKY MOUNTAIN CHOCOLATE FACTORY Store located at _________________________________________________ (the “Franchised Location”). In accordance with Section 5.6 5.5 of the Franchise Agreement, Franchisee certifies to Franchisor that the Franchised Location complies with all applicable federal, state and local laws, statutes, codes, rules, regulations and standards including, but not limited to, the federal Americans with Disabilities Act and any similar state or local laws. The Franchisee has obtained all such permits and certifications as may be required for the lawful construction and operation of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store, together with all certifications from government authorities having jurisdiction over the site that all requirements for construction and operation have been met, including without limitation, zoning, access, sign, health, safety requirements, building and other required construction permits, licenses to do business, sales tax permits, health and sanitation permits and ratings and fire clearances. The Franchisee has obtained all customary contractors’ sworn statements and partial and final lien waivers for construction, remodeling, decorating and installation of equipment at the Franchised Location. The Franchisee acknowledges that it is an independent contractor and that the requirement of this certification does not constitute ownership, control, leasing or operation of the Store or the Franchised Location by the Franchisor, but rather provides notice to Franchisor that the Franchisee has complied with all applicable laws. The Franchisee asserts that Franchisor may justifiably rely on the information contained in this certificate. FRANCHISEE: Individually AND: (if a corporation or partnership) Company Name By: Title: FRANCHISE AGREEMENT EXHIBIT VI TO FRANCHISE AGREEMENT CONFIDENTIALITY AND NONCOMPETITION AGREEMENT AGREEMENT, dated _________, 20___2005, by and between Rocky Mountain Chocolate Factory, Inc. (“Franchisor”) and ______________________________________, a(n) [directors, officer, partner, principal, employee, agent or stockholder] of _________ (the “Franchisee”). All capitalized terms not otherwise defined herein shall have the meanings set forth in the Franchise Agreement, defined below. The Franchisor has granted to the Franchisee, pursuant to that certain Franchise Agreement dated _________, 20___, 2005 (the “Franchise Agreement”), the right to operate a ROCKY MOUNTAIN CHOCOLATE FACTORY Store. The undersigned, in consideration of the receipt and/or use of the Operations Manual and other information proprietary to the Franchisor, including but not limited to methods, strategies and techniques developed by the Franchisor relating to operations, marketing, training, advertising, trade secrets, recipes and other confidential data (collectively referred to as “Proprietary Information”), agrees with the Franchisor as follows:

Prearranged Payments. Under the terms of Section 11.4 of the Agreement, the Franchisee authorizes the Franchisor to initiate debit entries and/or credit correction entries to the Franchisee’s checking and/or savings account identified below and authorizes the depository identified below (“Depository”) to debit such account pursuant to the Franchisor’s instructions. Depository Branch City State Zip Code Bank Transit/ABA Number Account Number ROCKY MOUNTAIN CHOCOLATE FACTORY, INC. Date: __________________ By: Title: Bxxxx X. Xxxxxxxx, Chief Operating Officer FRANCHISEE: Date: __________________ Individually AND: (if a corporation or partnership) Company Name Date: __________________ By: Title: FRANCHISE AGREEMENT EXHIBIT V TO THE FRANCHISE AGREEMENT PERMIT, LICENSE AND CONSTRUCTION CERTIFICATE Franchisor and Franchisee are parties to a Franchise Agreement dated _________, 20___ 2007 for the development and operation of ROCKY MOUNTAIN CHOCOLATE FACTORY Store located at _________________________________________________ (the “Franchised Location”). In accordance with Section 5.6 of the Franchise Agreement, Franchisee certifies to Franchisor that the Franchised Location complies with all applicable federal, state and local laws, statutes, codes, rules, regulations and standards including, but not limited to, the federal Americans with Disabilities Act and any similar state or local laws. The Franchisee has obtained all such permits and certifications as may be required for the lawful construction and operation of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store, together with all certifications from government authorities having jurisdiction over the site that all requirements for construction and operation have been met, including without limitation, zoning, access, sign, health, safety requirements, building and other required construction permits, licenses to do business, sales tax permits, health and sanitation permits and ratings and fire clearances. The Franchisee has obtained all customary contractors’ sworn statements and partial and final lien waivers for construction, remodeling, decorating and installation of equipment at the Franchised Location. The Franchisee acknowledges that it is an independent contractor and that the requirement of this certification does not constitute ownership, control, leasing or operation of the Store or the Franchised Location by the Franchisor, but rather provides notice to Franchisor that the Franchisee has complied with all applicable laws. The Franchisee asserts that Franchisor may justifiably rely on the information contained in this certificate. FRANCHISEE: Individually AND: (if a corporation or partnership) Company Name By: Title: FRANCHISE AGREEMENT EXHIBIT VI TO FRANCHISE AGREEMENT CONFIDENTIALITY AND NONCOMPETITION AGREEMENT AGREEMENT, dated _________, 20___2007, by and between Rocky Mountain Chocolate Factory, Inc. (“Franchisor”) and ______________________________________, a(n) [directors, officer, partner, principal, employee, agent or stockholder] of _________ (the “Franchisee”). All capitalized terms not otherwise defined herein shall have the meanings set forth in the Franchise Agreement, defined below. The Franchisor has granted to the Franchisee, pursuant to that certain Franchise Agreement dated _________, 20___2007, (the “Franchise Agreement”), the right to operate a ROCKY MOUNTAIN CHOCOLATE FACTORY Store. The undersigned, in consideration of the receipt and/or use of the Operations Manual and other information proprietary to the Franchisor, including but not limited to methods, strategies and techniques developed by the Franchisor relating to operations, marketing, training, advertising, trade secrets, recipes and other confidential data (collectively referred to as “Proprietary Information”), agrees with the Franchisor as follows:

Prearranged Payments. Under the terms of Section 11.4 of the Agreement, the Franchisee authorizes the Franchisor to initiate debit entries and/or credit correction entries to the Franchisee’s checking and/or savings account identified below and authorizes the depository identified below (“Depository”) to debit such account pursuant to the Franchisor’s instructions. Depository Branch City State Zip Code Bank Transit/ABA Number Account Number ROCKY MOUNTAIN CHOCOLATE FACTORY, INC. Date: __________________ By: Title: Xxxxx X. Xxxxxxxx, Chief Operating Officer FRANCHISEE: Date: __________________ Individually AND: (if a corporation or partnership) Company Name Date: __________________ By: Title: FRANCHISE AGREEMENT EXHIBIT V TO THE FRANCHISE AGREEMENT PERMIT, LICENSE AND CONSTRUCTION CERTIFICATE Franchisor and Franchisee are parties to a Franchise Agreement dated _________, 20___ 20 for the development and operation of ROCKY MOUNTAIN CHOCOLATE FACTORY Store located at _________________________________________________ (the “Franchised Location”). In accordance with Section 5.6 of the Franchise Agreement, Franchisee certifies to Franchisor that the Franchised Location complies with all applicable federal, state and local laws, statutes, codes, rules, regulations and standards including, but not limited to, the federal Americans with Disabilities Act and any similar state or local laws. The Franchisee has obtained all such permits and certifications as may be required for the lawful construction and operation of the ROCKY MOUNTAIN CHOCOLATE FACTORY Store, together with all certifications from government authorities having jurisdiction over the site that all requirements for construction and operation have been met, including without limitation, zoning, access, sign, health, safety requirements, building and other required construction permits, licenses to do business, sales tax permits, health and sanitation permits and ratings and fire clearances. The Franchisee has obtained all customary contractors’ sworn statements and partial and final lien waivers for construction, remodeling, decorating and installation of equipment at the Franchised Location. The Franchisee acknowledges that it is an independent contractor and that the requirement of this certification does not constitute ownership, control, leasing or operation of the Store or the Franchised Location by the Franchisor, but rather provides notice to Franchisor that the Franchisee has complied with all applicable laws. The Franchisee asserts that Franchisor may justifiably rely on the information contained in this certificate. FRANCHISEE: Individually AND: (if a corporation or partnership) Company Name By: Title: FRANCHISE AGREEMENT EXHIBIT VI TO FRANCHISE AGREEMENT CONFIDENTIALITY AND NONCOMPETITION AGREEMENT AGREEMENT, dated _________, 20___, by and between Rocky Mountain Chocolate Factory, Inc. (“Franchisor”) and ______________________________________, a(n) [directors, officer, partner, principal, employee, agent or stockholder] of _________ (the “Franchisee”). All capitalized terms not otherwise defined herein shall have the meanings set forth in the Franchise Agreement, defined below. The Franchisor has granted to the Franchisee, pursuant to that certain Franchise Agreement dated _________, 20___, (the “Franchise Agreement”), the right to operate a ROCKY MOUNTAIN CHOCOLATE FACTORY Store. The undersigned, in consideration of the receipt and/or use of the Operations Manual and other information proprietary to the Franchisor, including but not limited to methods, strategies and techniques developed by the Franchisor relating to operations, marketing, training, advertising, trade secrets, recipes and other confidential data (collectively referred to as “Proprietary Information”), agrees with the Franchisor as follows: