Royalty Fee. You agree to pay us a continuing franchise royalty fee (“Royalty Fee”) in the amount of seven percent (7%) of the gross revenues of the Franchise for all periods, with a minimum monthly amount of Seven Hundred and No/100 Dollars ($700.00). This fee will be payable on the 1st and 16th of each month based on the Franchise’s gross revenues. If the 1st or 16th of the month fall on a weekend or holiday, then the fee is payable on the next business day. If, at the end of any calendar month, the total Royalty Fee collected for the preceding month is less than $700.00, the difference between the amount collected and $700.00 shall be due on the tenth (10th) day of the following month. The terms “gross revenues” shall, for purposes of this Agreement, mean the total of all revenue and receipts derived from the operation of the Franchise, including all amounts received at or away from the site of the Franchise, or through the business the Franchise conducts (such as fees for chiropractic care, fees for the sale of any service or product, gift certificate sales, and revenue derived from products sales, whether in cash or by check, credit card, debit card, barter or exchange, or other credit transactions); and excludes only sales taxes collected from customers and paid to the appropriate taxing authority, and all customer refunds and credits the Franchise actually makes. For the avoidance of doubt, you specifically acknowledge that “gross revenues” includes the gross revenues of any P.C. or any of P.C.’s clinics that are managed by you pursuant to a Management Agreement, even if those revenues are not recognized on your books, and that you are responsible for determining those revenues and paying the Royalty Fee as if those revenues were recognized on your books. You and we acknowledge and agree that the Royalty Fee represents compensation paid by you to us for the guidance and assistance we provide and for the use of our Marks, Confidential Information (as defined herein), know-how, and other intellectual property we allow you to use under the terms of this Agreement. The Royalty Fee does not represent payment for the referral of customers to you, and you acknowledge and agree that the services we offer to you and our other The Joint Corp. franchisees do not include the referral of customers. The Joint…The Chiropractic Place™ Franchise Agreement
Appears in 2 contracts
Samples: Franchise Agreement (JOINT Corp), Franchise Agreement (JOINT Corp)
Royalty Fee. You agree to pay us a continuing franchise royalty fee (“Royalty Fee”) in the amount of seven percent (7%) of the gross revenues of the Franchise for all periods, with a minimum monthly amount of Seven Hundred and No/100 Dollars ($700.00). This fee will be payable on the 1st and 16th of each month based on the Franchise’s gross revenues. If the 1st or 16th of the month fall on a weekend or holiday, then the fee is payable on the next business day. If, at the end of any calendar month, the total Royalty Fee collected for the preceding month is less than $700.00, the difference between the amount collected and $700.00 shall be due on the tenth (10th) day of the following month. You are obligated to pay us the minimum Royalty Fee of $700.00 due under this Section, thirty (30) days after you open your Franchise for business, or thirty (30) days after your Opening Deadline, whichever occurs first. If you open your Franchise for business prior to the Opening Deadline you are obligated to pay us the minimum Royalty Fee on the first day of the month following the partial month in which you opened your Franchise for business. If you fail to open your Franchise for business by the Opening Deadline, you will be obligated to pay us the minimum Royalty Fee thirty (30) days after your Opening Deadline. The terms “gross revenues” shall, for purposes of this Agreement, mean the total of all revenue and receipts derived from the operation of the Franchise, including all amounts received at or away from the site of the Franchise, or through the business the Franchise conducts (such as fees for chiropractic care, fees for the sale of any service or product, gift certificate sales, and revenue derived from products sales, whether in cash or by check, credit card, debit card, barter or exchange, or other credit transactions); and excludes only sales taxes collected from customers and paid to the appropriate taxing authority, and all customer refunds and credits the Franchise actually makes. For the avoidance of doubt, you specifically acknowledge that “gross revenues” includes the gross revenues of any P.C. or any of P.C.’s clinics that are managed by you pursuant to a Management Agreement, even if those revenues are not recognized on your books, and that you are responsible for determining those revenues and paying the Royalty Fee as if those revenues were recognized on your books. You and we acknowledge and agree that the Royalty Fee represents compensation paid by you to us for the guidance and assistance we provide and for the use of our Marks, Confidential Information (as defined herein), know-how, and other intellectual property we allow you to use under the terms of this Agreement. The Royalty Fee does not represent payment for the referral of customers to you, and you acknowledge and agree that the services we offer to you and our other The Joint Corp. Joint® franchisees do not include the referral of customers. The Joint…The Chiropractic Place™ Franchise Agreement.
Appears in 2 contracts
Samples: Franchise Agreement (JOINT Corp), Franchise Agreement (JOINT Corp)
Royalty Fee. You agree (a) During the term of this Agreement, you shall pay to pay us us, in partial consideration for the rights herein granted, a continuing franchise weekly royalty fee (“Royalty Fee”) in the amount of seven percent (7%) 5.5% of the gross revenues of the Franchise for all periods, with a minimum monthly amount of Seven Hundred Net Sales. Such Royalty Fee shall be due and No/100 Dollars ($700.00). This fee will be payable on the 1st and 16th of each month week based on the Franchise’s gross revenuesNet Sales for the preceding week ending Sunday so that it is received by us by electronic funds transfer on or before the Wednesday following the end of each week, provided that such day is a business day. If the 1st or 16th of the month fall date on which such payments would otherwise be due is not a weekend or holidaybusiness day, then the fee is payable payment shall be due on the next business day. If, at the end of any calendar month, the total .
(b) Each such Royalty Fee collected shall be preceded by a royalty report itemizing the Net Sales for the preceding month is less than $700.00, the difference between the amount collected week ending Sunday (“Royalty Report”) and $700.00 any other reports we may require. The Royalty Report and all other required information shall be due transmitted to us in the form and manner specified in the Manual or otherwise in writing.
(c) If any state imposes a sales or other tax on the tenth Royalty Fees, then we have the right to collect this tax from you.
(10thd) day of If a state or local law in which the following month. The terms “gross revenues” shall, for purposes of this Agreement, mean the total of all revenue Restaurant is located prohibits or restricts in any way your ability to pay and receipts our ability to collect Royalty Fees or other amounts based on Net Sales derived from the operation of the Franchise, including all amounts received at or away from the site of the Franchise, or through the business the Franchise conducts (such as fees for chiropractic care, fees for the sale of any service or productalcoholic beverages at the Restaurant, gift certificate salesthen we and you shall increase the percentage rate for calculating Royalty Fees, and revenue derived from products saleschange the definition of Net Sales to exclude sales of alcoholic beverages, whether in cash or by check, credit card, debit card, barter or exchange, or other credit transactions); and excludes only sales taxes collected from customers and paid to the appropriate taxing authority, and all customer refunds and credits the Franchise actually makes. For the avoidance of doubt, you specifically acknowledge that “gross revenues” includes the gross revenues of any P.C. or any of P.C.’s clinics that are managed by you pursuant to a Management Agreement, even if those revenues are not recognized on your books, and that you are responsible for determining those revenues and paying the Royalty Fee as if those revenues were recognized on your books. You and we acknowledge and agree manner such that the Royalty Fee represents compensation Fees to be paid by you to us for the guidance and assistance we provide and for the use of our Marks, Confidential Information (as defined herein), know-how, and other intellectual property we allow you to use under the terms of this Agreement. The Royalty Fee does not represent payment for the referral of customers to you, and received by us, shall be equal to such amounts as you acknowledge would have been required to pay, and agree that the services we offer to you and our other The Joint Corp. franchisees do not include the referral of customers. The Joint…The Chiropractic Place™ Franchise Agreementwould have received, if sales from alcoholic beverages were included from Net Sales.
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Royalty Fee. You agree 6.1 In consideration of the continuing use of the System, the Dealership shall pay to pay us Company, during the Term, a continuing franchise royalty fee (“the "Royalty Fee”") of (25%) Twenty- Five percent of all Transaction Fees, including but not limited to Transaction Fees collected from credit card purchases and cash. However, the Dealer agrees that all funds from Transaction Fees will be deposited in the amount of seven percent (7%) bank accounts of the gross revenues Company. The Company will pay to the Dealer its portion of the Franchise for all periods, with a Royalty Fee by payment to the bank account of the Dealer. The minimum monthly amount of Seven Hundred and No/100 Dollars ($700.00). This royalty fee charged by the Company will be $0.50 per transaction.
6.2 All cash transactions (the "Cash Transactions") registered over the internet will be billed the appropriate Transaction Fee to the Customers by the Company, and the Dealership will be responsible for the collection thereof. All Cash Transactions will be made payable on by cheque to the 1st and 16th Company in the name of each month based on the Franchise’s gross revenues"CORE USA". If the 1st or 16th The Dealer's share of the month fall on a weekend or holiday, then Cash Transaction will only be paid to the fee is payable on Dealer when the next business day. If, cheques have been cleared at the end Company's bank facilities.
6.3 The Dealership acknowledges that the entitlement to any compensation reported with respect to any tracked or reported activity is solely a function of any calendar monththe terms of your agreement with the relevant customer and that such customer is solely responsible for its payment.
6.4 Dealership will execute from time to time all documents required by Company in order that automatic payments may be made. The Dealership authorizes Company to have access to such account balances from which automatic payments are made.
6.5 The Dealership Fee, the total and Royalty Fee collected and all payments for the preceding month is less than $700.00services pursuant to this Agreement are subject to taxes, the difference between the amount collected and $700.00 which shall be due on and payable at the tenth (10th) day of same time and in the following monthsame manner as such payments. The terms “gross revenues” shall, for purposes of this Agreement, mean the total of all revenue and receipts derived from the operation of the Franchise, including all amounts received at or away from the site of the Franchise, or through the business the Franchise conducts (such as fees for chiropractic care, fees for the sale of any service or product, gift certificate sales, and revenue derived from products sales, whether in cash or by check, credit card, debit card, barter or exchange, or other credit transactions); and excludes only sales taxes collected from customers and paid to the appropriate taxing authority, and all customer refunds and credits the Franchise actually makes. For the avoidance of doubt, you specifically acknowledge that “gross revenues” includes the gross revenues of any P.C. or any of P.C.’s clinics that are managed by you pursuant to a Management Agreement, even if those revenues are not recognized on your books, and that you are responsible for determining those revenues and paying the Royalty Fee as if those revenues were recognized on your books. You and we acknowledge and parties agree that the Royalty Fee represents compensation paid by you to us for the guidance and assistance we provide and for the use of our Markscollection, Confidential Information (as defined herein), know-howremittance, and other intellectual property we allow you to use under liability for all taxes levied on the terms of this Agreement. The Royalty Fee does not represent payment for the referral of customers to youBusiness, Services, and you acknowledge transactions of the Dealer and the Company will be determined by the applicable regulatory taxation authority and the parties agree to comply with all taxation laws, regulations and rules thereof provided however, that the services we offer Company may determine in its sole and absolute discretion the procedures and mechanisms by which the taxes are collected and remitted to you and our other The Joint Corp. franchisees do not include the referral of customers. The Joint…The Chiropractic Place™ Franchise Agreementrelevant taxation authority.
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Samples: Dealership Agreement (C.O.R.E. (USA) Community-Oriented Resource Environment, Inc.)