System Standards. Licensee acknowledges and agrees that the operation of the Mrs. Fields Stores in accordance xxxx xxx xxecifications, standards, operating procedures and rules Licensor prescribes from time to time for the operation of Mrs. Fields Stores (the "System Xxxxxxxxx") is the essence of this Agreement and essential to preserve the goodwill of the Licensed Names and Marks. Therefore, Licensee will maintain and operate each Mrs. Fields Store in accordance xxxx xxxx and every System Standard, as periodically modified and supplemented by Licensor in its discretion during the term of this Agreement. System Standards may regulate any one or more of the following with respect to a Mrs. Fields Store: (x) within the confines of the Mrs. Fields Store within a Licensed Location, the design, layout, decor, appearance and lighting; periodic and daily maintenance, cleaning and sanitation; replacement of obsolete or worn-out fixtures, furnishings, equipment and signs; use of interior and exterior signs, emblems, lettering and logos and the illumination thereof; (ii) types, models, brands, maintenance and replacement of required equipment, fixtures, furnishings and signs; (iii) approved, disapproved and required Licensed Products; (iv) designated and approved suppliers (including Licensor and/or its affiliates) of equipment, fixtures, furnishings, signs, products, raw materials and supplies; (v) use and operation of a point of sale register which accurately accounts for gross sales; (vi) marketing, advertising and promotional activities and materials authorized for use, (vii) use of the Licensed Names and Marks; (viii) qualifications, training, dress, appearance and staffing of employees; (ix) participation in reasonable market research and testing of new products and service development programs prescribed by Licensor; (x) management by managers who have successfully completed Licensor's training program; communication to Licensor of the identities of such managers; replacement of managers whom Licensor determines to be unqualified to manage a Mrs. Fields Store; and other matters relating to the management of the Mrs. Fxxxxx Xxxxxx xxx xxxxx xxxxxxxxxx xxxxonnel; (xi) with respect to each Mrs. Fields Store, the bookkeeping, reporting formats and content of reports to Licensor of sales, revenues, and related financial information; (xii) compliance with applicable laws; obtaining required licenses and permits; and notification of Licensor in the event any action, suit or proceeding is commenced against Licensee in relation to or concerning any Mrs. Fields Store or the operatiox xxxxxxx; (xiii) payment of vendors; terms and conditions of sale and delivery of any payment for products, raw materials, supplies and services sold by Licensor, its affiliates or unaffiliated suppliers. Licensee agrees that the System Standards may be periodically modified by Licensor and that such modifications may obligate Licensee to invest additional capital in each Mrs. Fields Store and/or incur xxxxxx xxerating costs, provided that such modifications are made on a system-wide basis. Licensor will not obligate Licensee to invest additional capital at a time when such investment cannot in Licensor's reasonable judgment be amortized during the remaining term of this Agreement. Licensee hereby agrees that System Standards prescribed from time to time in the Operating Manual, or otherwise communicated to Licensee in writing, shall constitute provisions of this Agreement as if fully set forth herein. All references to this Agreement shall include all System Standards as periodically modified.
Appears in 1 contract
Samples: License Agreement (Fields MRS Original Cookies Inc)
System Standards. Licensee acknowledges and agrees that the operation of the Mrs. Fields Stores in accordance xxxx xxx xxecifications, standards, operating procedures and rules Licensor prescribes from time to time for the operation of Mrs. Fields Stores (the "System Xxxxxxxxx") is the essence of this Agreement and essential to preserve the goodwill of the Licensed Names and Marks. Therefore, Licensee will maintain and operate each Mrs. Fields Store in accordance xxxx xxxx and every System Standard, as periodically modified and supplemented by Licensor in its discretion during the term of this Agreement. System Standards may regulate any one or more of the following with respect to a Mrs. Fields Store:
(x) within the confines of the Mrs. Fields Store within a Licensed Location, the design, layout, decor, appearance and lighting; periodic and daily maintenance, cleaning and sanitation; replacement of obsolete or worn-out fixtures, furnishings, equipment and signs; use of interior and exterior signs, emblems, lettering and logos and the illumination thereof;
(ii) types, models, brands, maintenance and replacement of required equipment, fixtures, furnishings and signs;
(iii) approved, approved and disapproved and required Licensed Products;
(iv) designated and approved suppliers (including Licensor and/or its affiliates) of equipment, fixtures, furnishings, signs, products, raw materials and supplies;
(v) use and operation of a point of sale register which accurately accounts for gross sales;
(vi) marketing, advertising and promotional activities and materials authorized for use,
; (vii) use of the Licensed Names and Marks;
(viii) qualifications, training, dress, appearance and staffing of employees;
(ix) participation in reasonable market research and testing of new products and service development programs prescribed by Licensor;
(x) management by managers who have successfully completed Licensor's training program; communication to Licensor of the identities of such managers; replacement of managers whom Licensor determines to be unqualified to manage a Mrs. Fields Store; and other matters relating to the management of the Mrs. Fxxxxx Xxxxxx xxx xxxxx xxxxxxxxxx xxxxonnel;
(xi) with respect to each Mrs. Fields Store, the bookkeeping, reporting formats and content of reports to Licensor of sales, revenues, and related financial information;
(xii) compliance with applicable laws; obtaining required licenses and permits; and notification of Licensor in the event any action, suit or proceeding is commenced against Licensee in relation to or concerning any Mrs. Fields Store or the operatiox xxxxxxx;
(xiii) payment of vendors; terms and conditions of sale and delivery of any payment for products, raw materials, supplies and services sold by Licensor, its affiliates or unaffiliated suppliers. Licensee agrees that the System Standards may be periodically modified by Licensor and that such modifications may obligate Licensee to invest additional capital in each Mrs. Fields Store and/or incur xxxxxx xxerating costs, provided that such modifications are made on a system-wide basis. Licensor will not obligate Licensee to invest additional capital at a time when such investment cannot in Licensor's reasonable judgment be amortized during the remaining term of this Agreement. Licensee hereby agrees that System Standards prescribed from time to time in the Operating Manual, or otherwise communicated to Licensee in writing, shall constitute provisions of this Agreement as if fully set forth herein. All references to this Agreement shall include all System Standards as periodically modified.
Appears in 1 contract
Samples: License Agreement (Fields MRS Original Cookies Inc)
System Standards. Licensee acknowledges The development and agrees that the operation of the Mrs. Fields Stores Restaurants in accordance xxxx xxx xxecifications, standards, operating procedures and rules Licensor prescribes from time to time for with the operation of Mrs. Fields Stores (the "System Xxxxxxxxx") is the essence of this Agreement and Standards are essential to preserve the goodwill of the Licensed Names Marks and Marksall Restaurants. Therefore, Licensee will maintain and operate each Mrs. Fields Store in accordance xxxx xxxx and every System Standard, as periodically modified and supplemented by Licensor in its discretion during Among the term of this Agreement. System Standards may regulate any one or more aspects of the following development and operation of Restaurants that may be regulated by System Standards, and with respect which Master Franchisee and its Franchisees are obligated to a Mrs. Fields Store:
(x) within the confines comply, are: menu offerings, prescribed systems and software for collection and management of the Mrs. Fields Store within a Licensed Location, the design, layout, decor, appearance data regarding prospective franchisee leads and lightingFranchisees; periodic and daily maintenance, cleaning and sanitationmaintenance of equipment; replacement of obsolete or worn-out fixturesequipment, furnishings, equipment and signs; use of interior and exterior signs, emblems, decals, lettering and logos and the illumination thereof;
(ii) logos; selection of Franchisees; types, models, brands, maintenance brands and replacement of required equipment, fixtures, furnishings and signs;
(iii) approved, disapproved and required Licensed Products;
(iv) designated and approved suppliers (including Licensor and/or its affiliates) of required and authorized equipment, fixtures, furnishings, signs, products, raw materials and supplies;
(v) use ; sales and operation of a point of sale register which accurately accounts for gross sales;
(vi) marketingmarketing activities, advertising and promotional activities, membership communication and retention programs, and materials and media required or authorized for use in such activities and materials authorized for use,
(vii) programs; use and display of the Licensed Names Marks, and Marks;
(viii) use and display of other trademarks and commercial symbols, including trademarks of approved suppliers; staffing levels and functions of employees; qualifications, training, dress, uniforms and appearance and staffing of employees;
(ix) ; initial and ongoing training and testing of employees; minimum hours of operation; goods and services required or authorized to be offered; arrangements with third parties to furnish products or services to customers; participation in reasonable market research and testing of new products testing, and product and service development programs prescribed by Licensor;
(x) management by managers who have successfully completed Licensor's training programprograms; communication to Licensor management; use of the identities of such managersapproved advertising and marketing materials; replacement of managers whom Licensor determines to be unqualified to manage a Mrs. Fields Store; and other matters relating to the management of the Mrs. Fxxxxx Xxxxxx xxx xxxxx xxxxxxxxxx xxxxonnel;
(xi) with respect to each Mrs. Fields Store, the bookkeeping, reporting formats accounting, inventory control, data processing and content record keeping systems and forms; formats, content, method and frequency of reports to Licensor of sales, revenues, financial performance and related condition, and other operating and financial information;
(xii) ; types, amounts, terms and conditions of required insurance coverage; compliance with applicable laws; obtaining required licenses and permits; adherence to good business practices; observing high standards of honesty, integrity, fair dealing and notification ethical business conduct; and such other elements and aspects of Licensor in the event any actiondevelopment, suit appearance and operation of, and conduct of business by, Restaurants as Franchisor determines from time to time to be useful or proceeding is commenced against Licensee in relation required to preserve or concerning any Mrs. Fields Store or enhance the operatiox xxxxxxx;
(xiii) payment operation of vendors; Restaurants and the image and goodwill of the Marks. All terms and conditions of sale and delivery of any payment for products, raw materials, supplies and services sold by Licensor, its affiliates or unaffiliated suppliers. Licensee agrees that the this Agreement related to System Standards will relate to System Standards as they may be periodically modified and supplemented by Licensor and that such modifications may obligate Licensee to invest additional capital Franchisor in each Mrs. Fields Store and/or incur xxxxxx xxerating costs, provided that such modifications are made on a system-wide basis. Licensor will not obligate Licensee to invest additional capital at a time when such investment cannot in Licensor's reasonable judgment be amortized its discretion during the remaining term of this AgreementAgreement Term. Licensee hereby agrees that System Standards prescribed mandated from time to time in the Operating Operations Manual, or otherwise communicated to Licensee Master Franchisee and Franchisees in writing, shall constitute provisions of and are incorporated in this Agreement as if fully set forth herein. All references to this Agreement shall include all System Standards as periodically modifiedand the Form Agreements.
Appears in 1 contract
System Standards. Licensee Master Franchisee acknowledges and agrees that the development and operation of the Mrs. Fields Stores Restaurants in accordance xxxx xxx xxecificationswith the mandatory recipes, specifications, standards, operating procedures and rules Licensor Franchisor prescribes from time to time for the development and operation of Mrs. Fields Stores QUIZNO'S Restaurants (the "System XxxxxxxxxStandards") is the essence of this Agreement and essential to preserve the goodwill of the Licensed Names Marks and Marksall QUIZNO'S Restaurants. Therefore, Licensee Master Franchisee agrees that, at all times during the Agreement Term, Master Franchisee will: (i) comply with all System Standards; (ii) will cause Area Directors to comply with all System Standards; and (iii) will cause Franchisees to develop, maintain and operate each Mrs. Fields Store Restaurants in accordance xxxx xxxx compliance with all System Standards. All terms and every conditions of this Agreement related to System Standard, Standards shall relate to System Standards as they may be periodically modified and supplemented by Licensor Franchisor in its discretion during the term of this AgreementAgreement Term. System Standards may regulate any one or more Among the aspects of the following development and operation of Restaurants that may be regulated by System Standards, and with respect which Master Franchisee and Franchisees are obligated to a Mrs. Fields Store:
comply, are: maintenance of equipment and vehicles (x) within the confines of the Mrs. Fields Store within a Licensed Location, the design, layout, decor, appearance and lighting; periodic and daily maintenance, cleaning and sanitationif any); replacement of obsolete or worn-out fixturesequipment, furnishings, equipment and signs; use of interior and exterior signs, emblems, decals, lettering and logos logos; selection of Franchisees and the illumination thereof;
(ii) Area Directors; types, models, brands, maintenance brands and replacement of required equipment, fixtures, furnishings and signs;
(iii) approved, disapproved and required Licensed Products;
(iv) designated and approved suppliers (including Licensor and/or its affiliates) of required and authorized equipment, fixtures, furnishings, signs, products, raw materials and supplies;
(v) use ; sales and operation of a point of sale register which accurately accounts for gross sales;
(vi) marketingmarketing activities, advertising and promotional activities, customer communication and retention programs, and materials and media required or authorized for use in such activities and materials authorized for use,
(vii) programs; use and display of the Licensed Names Marks, and Marks;
(viii) use and display of other trademarks and commercial symbols, including trademarks of approved suppliers; staffing levels and functions of employees; qualifications, training, dress, uniforms and appearance and staffing of employees;
(ix) ; initial and ongoing training and testing of employees; minimum hours of operation; goods and services required or authorized to be offered; arrangements with third parties to furnish products or services to customers; participation in reasonable market research and testing of new products testing, and product and service development programs prescribed by Licensor;
(x) management by managers who have successfully completed Licensor's training programprograms; communication to Licensor management; use of the identities of such managersapproved advertising and marketing materials; replacement of managers whom Licensor determines to be unqualified to manage a Mrs. Fields Store; and other matters relating to the management of the Mrs. Fxxxxx Xxxxxx xxx xxxxx xxxxxxxxxx xxxxonnel;
(xi) with respect to each Mrs. Fields Store, the bookkeeping, reporting formats accounting, inventory control, data processing and content record keeping systems and forms; formats, content, method and frequency of reports to Licensor of sales, revenues, financial performance and related condition, and other operating and financial information;
(xii) ; types, amounts, terms and conditions of required insurance coverage; compliance with applicable laws; obtaining required licenses and permits; adherence to good business practices; observing high standards of honesty, integrity, fair dealing and notification ethical business conduct; and such other elements and aspects of Licensor in the event any actiondevelopment, suit appearance and operation of, and conduct of business by, Restaurants as is determined from time to time to be useful or proceeding is commenced against Licensee in relation required to preserve or concerning any Mrs. Fields Store or enhance the operatiox xxxxxxx;
(xiii) payment operation of vendors; terms Restaurants and conditions the image and goodwill of sale and delivery of any payment for products, raw materials, supplies and services sold by Licensor, its affiliates or unaffiliated suppliersthe Marks. Licensee agrees that the System Standards may be periodically modified by Licensor and that such modifications may obligate Licensee to invest additional capital in each Mrs. Fields Store and/or incur xxxxxx xxerating costs, provided that such modifications are made on a system-wide basis. Licensor will not obligate Licensee to invest additional capital at a time when such investment cannot in Licensor's reasonable judgment be amortized during the remaining term of this Agreement. Licensee Master Franchisee hereby agrees that System Standards prescribed from time to time in the Operating ManualManuals, or otherwise communicated to Licensee Master Franchisee, Area Directors and Franchisees in writing, shall constitute provisions of this Agreement as if fully set forth hereinand the Form Agreements. All references to this Agreement and the Form Agreements shall include all System Standards as periodically modified.
Appears in 1 contract
System Standards. Licensee acknowledges You acknowledge and agrees agree that the operation of the Mrs. Fields Stores Licensed Store in accordance xxxx xxx xxecifications, standards, operating procedures and rules Licensor prescribes from time to time for with the operation of Mrs. Fields Stores (the "System Xxxxxxxxx") Standards is the essence of this Agreement and is essential to preserve the goodwill of the Licensed Names Marks and Marks. Therefore, Licensee will maintain and operate each all Mrs. Fields Store in accordance xxxx xxxx and every System StandardCookies Stores. Thexxxxxx, as periodically modified and supplemented by Licensor in its discretion xxu agree that, at all times during the term of this Agreement, you will maintain and operate the Licensed Store in accordance with each of the System Standards. System Standards may regulate any one or more of the following with respect to a Mrs. Fields the Licensed Store:
(xa) within the confines of the Mrs. Fields Store within a Licensed Location, the designDesign, layout, decor, appearance and lighting; periodic and daily maintenance, cleaning and sanitation; replacement of obsolete or worn-out fixtures, furnishings, equipment and signs; use of interior and exterior signs, emblems, lettering and logos and the illumination thereof;
(iib) typesTypes, specifications, models, brands, maintenance and replacement of required equipment, fixtures, furnishings and signs;
(iiic) approvedApproved, disapproved and required Licensed ProductsMrs. Fields Products and other items and services to be offered for sale;
(ivd) designated Designated and approved suppliers (including Licensor and/or its affiliatesus or our Affiliates) of equipment, fixtures, furnishings, signs, productsMrs. Fields Produxxx, raw materials and suppliesxxxxxxxxx xxx xxxxxxxs;
(ve) use Use and operation of a an approved point of sale register which accurately accounts for gross salesregister;
(vif) marketingPayment of vendors; terms and conditions of sale and delivery of and payment for Mrs. Fields Products, materiaxx, xxxxxxxs and services sold to you by us, our Affiliates or unaffiliated suppliers;
(g) Marketing, advertising and promotional activities and materials required or authorized for use,;
(viih) use Use of the Licensed Names and Marks;
(viiii) qualificationsQualifications, training, dress, appearance and staffing of employees;
(ixj) participation in reasonable market research and testing Minimum hours of new products and service development programs prescribed by Licensoroperation;
(xk) management by managers who have successfully completed Licensor's training program; communication to Licensor of the identities of such managers; replacement of managers whom Licensor determines to be unqualified to manage a Methods, standards, specifications, and operating procedures for Mrs. Fields Store; Cookies Stores, xxxxxxxxx xuality and other matters customer service requirements, terms under which you are required to guarantee customer satisfaction with Mrs. Fields Products, accept returns, and provide replacement products;
(1) Restrictions on the storage, use, or sale of 'out-of-code' (old) materials, supplies, or products, and requirements relating to the management disposition of the Mrs. Fxxxxx Xxxxxx xxx xxxxx xxxxxxxxxx xxxxonnel;
(xi) with respect to each old or unsalable Mrs. Fields Store, the bookkeeping, reporting formats and content of reports to Licensor of sales, revenues, and related financial informationProducts;
(xii) compliance with applicable laws; obtaining required licenses and permits; and notification of Licensor in the event any action, suit or proceeding is commenced against Licensee in relation to or concerning any Mrs. Fields Store or the operatiox xxxxxxx;
(xiii) payment of vendors; terms and conditions of sale and delivery of any payment for products, raw materials, supplies and services sold by Licensor, its affiliates or unaffiliated suppliers. Licensee agrees that the System Standards may be periodically modified by Licensor and that such modifications may obligate Licensee to invest additional capital in each Mrs. Fields Store and/or incur xxxxxx xxerating costs, provided that such modifications are made on a system-wide basis. Licensor will not obligate Licensee to invest additional capital at a time when such investment cannot in Licensor's reasonable judgment be amortized during the remaining term of this Agreement. Licensee hereby agrees that System Standards prescribed from time to time in the Operating Manual, or otherwise communicated to Licensee in writing, shall constitute provisions of this Agreement as if fully set forth herein. All references to this Agreement shall include all System Standards as periodically modified.
Appears in 1 contract
Samples: Franchise Agreement (Butterwings Entertainment Group Inc)