preserve and protect the ownership and validity of these trademarks protected in the United States; and (3) the franchisor will use and license the franchisee and other franchisees only in accordance with the system and related operating standards and quality control specifications underlying the goodwill associated with and symbolized by the proprietary marks. While the franchisor holds the exclusive franchise rights in the United States on an exclusive system owned by BP International Rights Holdings Inc. (“BP Holdings”), which was developed through significant expenditures of time, skill, effort and money (the “System”) in connection with the establishment, development and operation of a Boston restaurant, The Gourmet Pizza, operated under the System and proprietary brands, offering pizza and pasta dishes in a full-service casual dining environment (hereinafter “Restaurant”), this term includes both franchised points of sale and points of sale owned by the franchisor or its affiliates); 23. If the franchisee fails to comply with its lease for the premises where the franchise business is located or any other agreement in which the franchisee and the franchisor or any parent company or subsidiary or other related entity of the franchisor are involved and does not remedy that delay within the grace period provided for in this contract (if any); or 6. Coordinate and conduct regular mandatory training programs for its franchisee network that the franchisor deems necessary at its sole discretion; and franchise agreements in the United States are subject to both federal and state-specific laws that cover the general principles of contracts such as education and mutual understanding. The Federal Trade Commission has a rule called The Franchise Rule that covers certain disclosures that must be made to the franchisee before the franchisee signs an agreement. Several states impose the franchise rule, which requires the notification, filing or registration of a franchisor`s disclosure document, known as the franchise information document. These are California, Connecticut, Florida, Hawaii, Illinois, Indiana, Kentucky, Maine, Maryland, Michigan, Minnesota, Nebraska, New York, North Carolina, North Dakota, Rhode Island, Virginia, Washington, Wisconsin, Oregon, South Carolina, South Dakota, Texas and Utah. The requirements in each of these states differ with respect to the requirement for registration, notice or filing, and some may have additional specific requirements. 3.
The Franchisee may grant a security right in this Agreement or the franchise granted hereunder to the limited extent permitted by Articles 9 to 408 of the Unified Commercial Code. Such a security right is related only to an interest in the proceeds of the operation of the franchise and may in no way authorize or permit the secured party to take possession or operate the franchisee`s business or to transfer the franchisee`s interests in this agreement or the franchise business without the prior express consent of the franchisor. The granting of a security right in a manner consistent with I. Return of equipment. The franchisee must promptly provide the franchisor with all copies of all documents in its possession, including manuals, records, records, instructions, correspondence, customer database, brochures, agreements, disclosure statements and all other documents related to the operation of the franchisee`s possession, as well as all copies thereof (all of which are recognized as the property of the franchisor). and may not retain a copy or record of the foregoing, except only the franchisee`s copy of this Agreement, correspondence between the parties, and any other document reasonably required by the franchisee to comply with any legal provision. In addition to the foregoing, the franchisee must provide the franchisor with a complete list of all persons employed by the franchisee during the three (3) years immediately preceding the dismissal, as well as all employment records of each employee on this list. All costs of delivery of all material required under this Section XIV.I. shall be borne by the Franchisee. CONSIDERING that a condition for the franchisor`s approval of the tenant`s specific location is that the lease agreement for the leased premises intended for the operation of a Boston The Gourmet Pizza restaurant (hereinafter the “franchised store”) contains the agreements set forth herein; The parties may choose several specifications for how the agreement is to be formed, including the obligations that the franchisor owes to the franchisee, if any. This franchise agreement is a solid document that ensures the smooth running of the relationship between the franchisor and the franchisee.
C. Minimum Local Marketing Expenses. In addition to the contribution to the advertising fund, the franchisee is required to devote at least one percent (1%) of its gross revenues to its own marketing and local advertising on a quarterly basis. On the franchisor`s instructions, local marketing costs must be made with other franchisees in the franchisee`s area. Any advertising for franchisees must comply with the policies and procedures established by the Franchisor for the prior approval of all proposed marketing and advertising campaigns and materials, as set forth in this Section X. and elsewhere in this Agreement, in the manuals and otherwise in writing by the Franchisor. This amount is in addition to the promotional requirements imposed by the franchisee`s lease. The franchisee undertakes to advertise locally at least quarterly in a manner prescribed and/or approved by the franchisor. The franchisee must provide the franchisor with a quarterly statement of its local marketing and promotion expenses on a form prescribed by the franchisor in the manual. contain trade secrets and confidential information intended by BPR to be available only to its employees, territory developers, franchisees and other persons associated with the BPR system (defined below) and their use only in a manner approved by BPR; The Franchisee acknowledges that BPR collects the Franchisee`s personal data in various ways, e.B. through application forms, surveys, inspection reports, emails, communications between the Franchisee or Users and BPR, from the information submitted by the Franchisee via the Boston Link and from information collected by BPR from references, research agencies, financial institutions, credit reference agencies and other sources. The Franchisee acknowledges that any personal information collected by BPR about the Franchisee will be used by BPR to provide services through the Boston Link, to protect the Confidential Information defined herein, and to ensure that the Franchisee and Users comply with this Agreement and other applicable agreements and laws.
The Franchisee also acknowledges that the Franchisee`s personal information may be shared with third parties, including owners, financial institutions, financial and legal advisors and government agencies, for the same purposes. The Franchisee irrevocably agrees that BPR may collect, use and disclose the Franchisee`s personal data for any of the aforementioned purposes. In addition, and without limiting the foregoing, BPR may disclose any information you provide to, on or through Boston Link (i) if BPR believes that disclosure is appropriate to comply with any law, regulation or governmental request, or to comply with legal process; or (ii) if such disclosure is necessary or appropriate for the operation of boston Link; or (iii) to protect the rights or property of BPR, other Boston Link users or customers, franchisees or affiliates of BPR. The Franchisee grants BPR a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, universal license to use and display all information and content that the Franchisee makes available on the Boston Link on the Boston Link and in any other medium, and to perform all actions relating to such Content that BPR deems appropriate….