PINKBERRY FRANCHISE BUSINESS PLAN

We cannot and do not make any guaranty that a modification, discontinuance or otherwise will not be required for any reason. All matters related in any way to your site are your sole responsibility , regardless of any assistance we may choose to provide. The Free Franchise Resource Center. You will maintain in force policies of insurance issued by carriers approved by us covering various risks, as specified by us from time to time. You will not use any Mark in connection with the performance or sale of any unauthorized services or products or at any location or in any other manner not expressly authorized in writing by us.

You must maintain your Pinkberry Store at your expense, according to all Pinkberry Store standards for new Pinkberry Stores and promptly undertake all changes as are required by us from time to time in our Business Judgment. Together with Pinkberry, Inc. The Minimum Royalties shall not be implemented until there are at least 10 Pinkberry Store Franchises open and operating for a period of at least 6 months. We have the exclusive right to control any settlement, litigation or proceeding arising out of or related to these matters. I understand and agree that all works of authorship to which I contribute during my employment shall be considered “works made for hire” and shall be the sole property of the Company.

An inability to change the System could adversely affect ah Pinkberry Store Franchisees. Exhibit B contains our audited financial fanchise as of June 20, See Franchise Agreement section 9.

Pinkberry Franchise Review

If you ftanchise awarded this Agreement for the initial term of your franchise, then this Agreement Terminates at the expiration of the initial term. We have the following obligations to you during the operation of your business: You understand that you are not permitted to terminate this Agreement for any default committed by us, except as permitted by applicable law.

You will use the Marks solely for the identification of your Pinkberry Store Franchise.

You agree at your sole expense, that you and your employees will wear then-current Pinkberry Store career apparel. The amount you spend will depend on several factors, including the distance you have to travel and the type of accommodations you choose.

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Franchise Agreement

Other None None 1 The Franchise Agreement contains a simple dispute resolution clause which states that if the parties cannot resolve their differences amicably they will proceed to litigation. Each provision of this Article 19, together with the provisions of Article 21, will be deemed to be self-executing and continue in full force and effect subsequent to and notwithstanding the expiration, Termination, rescission, or finding of unenforceability of this Agreement or any part of it for any reason; will survive and will govern any Claim for rescission; and will apply to and govern any Claim against, or with respect to, the Marketing Fund.

Kim joined our affiliate Pinkberry, Inc. The Minimum Royalties shall not be implemented until there are at least 10 Pinkberry Store Franchises open and operating for a period of at least 6 months.

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Your and Our Intentions: If you are developing more than one unit, your costs will be generally proportionately higher. You and we agree that your meeting all System Standards is critical to the success of your Pinkberry Store, that of the Pinkberry Store system as a whole and to the maintenance of the goodwill and value associated with the Pinkberry Store brand, since the failure of any Pinkberry Store to meet System Standards requirements would reflect negatively on all Pinkberry Stores, and undermine customer confidence and positive brand recognition.

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There is no reduction or refund of any part of the Initial dranchise Fee if one individual attends the initial training program. Any such Claim which is not submitted or filed in such proceeding will be forever barred. Factors affecting this length of time include locating a site, completion of training, construction, financing, permits or licenses. If you need to make a change to the location of your Pinkberry Store, you must provide us with written notice of your intent busihess relocate.

If your Pinkberry Store is damaged, condemned or otherwise rendered unusable, or if, in your and our judgment, there is a change in the character of the location of your Pinkberry Store sufficiently detrimental to its business potential to warrant its relocation, fraanchise agree to relocate your Pinkberry Store.

We can require you to pay for such program costs. After any Transfer, Termination or expiration of the Franchise: Financial Statements and Tax Returns.

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You will remain jointly and severally ppinkberry to us for your and the Business Entity’s obligations. If we exercise this right, we will not have any liability for any obligations incurred prior to our occupancy. The Territory population may vary depending upon the characteristics related to the particular Territory in our Business Judgment. You agree to comply with any policy changes.

Pinkberry Franchise Cost & Opportunities | Franchise Help

If any of the assets to be purchased do not meet the standards we then apply to new Pinkberry Stores, or if you are in default, we can require that the Pinkberry Store be brought into compliance and any defaults cured before the day period begins. We can designate single or multiple suppliers for any given item or pknkberry and may concentrate purchases with one or more suppliers in our Business Judgment. You’ll be responsible for all travel, living, incidental and other expenses for you and your personnel attending the Training Program and any other voluntary or mandatory training programs, seminars or meetings.

Therefore, you and we also agree that, except with franchse to the applicability of the Federal Arbitration Act, 9 U. You must obtain and maintain at your sole expense accounting, sales, reporting and frahchise retention systems conforming to any requirements prescribed by us from time to time, including electronic systems with online access for us. You should review these figures carefully with a business advisor such as an accountant before making any decision to purchase the franchise.

You and we expressly agree that none of the relationships with you in connection with the Marketing Fund are in the busniess of a “trust,” “fiduciary” or similar special arrangement. You understand that we are reiving on you to bring forward in writing at this time any matters bussiness the representations contained in this Article