The Franchise Clause Samples

The Franchise. Subject to the provisions of this AGREEMENT, SHOPPE COMPANY hereby grants FRANCHISEE the personal, limited right and license (the "FRANCHISE") to, during the TERM, operate the SHOP, at the SHOP PREMISES, in association with the MARKS, and in compliance with the SYSTEM STANDARDS.

The Franchise. We have the exclusive right to license and franchise a concept and system (the “Hotel System”) associated with the establishment and operation of hotels under the name “HYATT® PLACE” and other Proprietary Marks (defined below) (collectively, “Hyatt Place Hotels”). Before signing this Agreement, you read our Uniform Franchise Offering Circular and independently investigated and evaluated the risks of investing in the hotel industry generally and acquiring a Hyatt Place Hotel franchise specifically. Following your investigation and recognizing the benefits that you may derive from being identified with the Hotel System, you wish to enter into this Agreement to obtain a franchise to use the Hotel System to operate a Hyatt Place Hotel located at HOTELADDRESS1, HOTELADDRESS2 (the “Hotel”).

The Franchise. RIGHTS, TERM, RENEWAL, AND FEES 1.1 Franchise Grant a. During the term of this Agreement, USI grants Franchisee a franchise to operate a U-Swirl Store (the “Store”) that includes the exclusive right to use the System as provided in this Agreement, at the location listed in Exhibit 1 (the “Premises”), which is attached to this Agreement and incorporated by reference. Franchisee may relocate the Store within its exclusive territory (as described below) only with USI’s prior written consent and approval of the relocation site. b. During the term of this Agreement, USI grants Franchisee an exclusive territory consisting of the area indicated in Exhibit 1 (the “Territory”). If Franchisee is in full compliance with the terms of this Agreement, USI will not establish or franchise another U-Swirl Store within the Territory, unless Franchisee first gives its written consent—except that the exclusive rights in the Territory do not apply to franchises and stores owned by USI or its affiliates that are already in existence in the Territory (if any). c. This franchise is granted only for the Premises and Territory identified above, and grants no rights outside the Territory; nor does it include any territorial protection against competition. d. Franchisee acknowledges that USI or an affiliate of USI, if any, may be operating stores under the name “U-SWIRL FROZEN YOGURT” and that those stores are similar to the Store that will be operated by Franchisee under this Agreement. e. Except as specified above, Franchisee acknowledges and agrees that the franchise rights granted under this Agreement are nonexclusive and USI retains the rights: (1) to use and to license others to use, the Marks and the System in connection with U-Swirl Stores at any location outside of the Territory; (2) to use the Marks and System in connection with other services and products, promotional and marketing efforts or related items, or in alternative channels of distribution, including on the Internet, without regard to location; (3) to use and license the use of other proprietary marks or methods in the sale of products and services similar to those which Franchisee sells, whether in alternative channels of distribution or in the operation of stores/restaurants that are the same as, or similar to, or different from U-Swirl Stores, at any location, and on any terms and conditions as USI deems desirable and without granting Franchisee any rights to them; (4) to acquire, merge with, or be acquired by...

The Franchise. INFORMATION REQUIRED/RECEIVED FROM GRANTEE 7 5. GRANT OF FRANCHISE 7 Consistency with Federal and State Laws (7); General Ordinances (8) 6. DURATION 8 Term (8); Renewal (9) 7. USE OF STREETS 9 8. SYSTEM UPGRADE 12 9. REMOVAL 14 10. RIGHT OF GRANTORS TO PURCHASE THE SYSTEM 15 SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 11. UNIVERSAL SERVICE 16 Line Extension Policy (16) 12. GENERAL REQUIREMENTS 16 Repairs (17); Emergency Alert System (17) 13. CUSTOMER SERVICE 18 FCC Standards (18); Customer information (18); Grantee Rules (18); Local business office (18); 24-hour service (18); Prompt repair (18); Equipment maintenance (19); Deposits (19); Disconnection (19); Security deposit (19); Refunds (19); Late fees (20) 14. TECHNICAL STANDARDS 20 Color, Stereo, and VIT Signals (21) 15. COMMUNITY, EDUCATIONAL AND GOVERNMENTAL ACCESS 21 Grantee use of Unused Access Channel (21); Support for Use of Access (22) 16. SERVICE TO GRANTORS 22 17. PROGRAMMING 23 REGULATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 18. REGULATION OF THE FRANCHISE 23 19. TRANSFERS 24 20. BOND 25 21. INDEMNIFICATION 25 22. INSURANCE 26 23. REPORTS 27 Contemporaneous reports (27); Annual Report (27); Special reports (28) 24. RATES 28 Promotional rates (28) 25. FRANCHISE FEES 29 26. RECEIVERSHIP AND FORECLOSURE 30 27. ENFORCEMENT 31 Termination (31); Liquidated Damages (32); Forbearance (33); Force Majeure (33)

The Franchise. On a non-exclusive basis, and to the extent transferable, copies of all (i) books, records and other financial information reflecting the operation of the Project; (ii) the preliminary, final and proposed building plans and specifications respecting the Project that are described on Exhibit C; and (iii) the appraisals, structural reviews, architectural drawings and other documents and engineering, soils, seismic, geologic and architectural reports, studies, certificates and other documents pertaining to the Project which are described on Exhibit C ("Reports and Plans"); and

The Franchise