The subpoena powers of the arbitrator with respect to witnesses to appear at the arbitration proceeding will not be subject to any geographical limitation. If you lose your lease rights to the Premises in connection with any bankruptcy, the lessor will, on our request, enter into a new lease with us on essentially the same terms as the terminated lease;. Our Business Activities and the Franchises to be Offered in this State We offer, and award to qualified applicants, a franchise to establish and operate a single Pinkberry Store Franchise the “Franchised Business” from one approved location within a prescribed geographical area using the Pinkberry trademarks, logos, programs, promotional materials and operating methods we’ve developed, the “Pinkberry System” or “System”. You agree that you have been under no compulsion to sign this Agreement. You agree at your sole expense, that you and your employees will wear then-current Pinkberry Store career apparel. Prior to that from to , Ms. Such premises must comply with all specifications and standards then-applicable for new Pinkberry Store and with the Manuals; and D.
The actual provisions of these documents will control in every case and you should refer to the Franchise Agreement and other documents for more complete information. You will not be required to pay the then-current Initial Franchise Fee, and we will not be required to provide you any site location, initial training or other “start-up” services in connection with the award of any Successor franchise; and F. You acknowledge and agree that the success of the business venture contemplated to be. The releases granted hereunder will be deemed effective as of the date hereof. If you are not in Good Standing, we can reduce, eliminate or otherwise modify your territorial rights.
You agree not to deal with Special Account sas we may specify from time to time.
This Agreement will be executed in multiple copies, each of which will be deemed an original. Any award of the Successor franchise must meet all of the following conditions, together with the then-current standards applicable to Successor franchisees, each of which are agreed to be reasonable: No person previously identified in Items 1 or 2 of this Offering Circular has been involved as a debtor in proceedings under the U.
If you would like to use the Marks or System at another location, then you must have our prior written consent from us. You agree to comply with the Manuals and the System as they are changed by us. We can require you or an individual designated by us to meet at our headquarters or other location designated by us, for the purpose of discussing and reviewing your Pinkberry Store’s operations, financial performance and other matters.
If you fail to acquire a site within the time provided in 3. Your costs will vary depending on such factors as: In some cases, these components may only be available through us or approved vendors. Significant investment beyond that outlined in this Offering Circular may be required to succeed.
We can charge a tuition fee for any optional training programs. Our approval of transfer by you We have the right to audit any supplier to review both the supplier’s relationship with us and the quantity businses frequency of goods ordered and delivered to you. You agree that you have been under no compulsion to sign this Agreement.
You further represent to us, as an inducement to our entering into this franchise relationship, that you have made no misrepresentations or material omissions in obtaining the Franchise. Pinkberry Production Company, an Affiliate of ours, was formed as a California corporation on May 15, These requirements are subject to change.
Paid to local vendors. Stylized wordmark, design and logo – filed May 3, – Serial No. You specifically acknowledge that you have not received or relied on nor have we or anyone else provided any statements, promises or representations that you will succeed franchiss the franchised business or at any location; achieve any fdanchise sales, income or other levels of performance; earn any particular amount, including any amount in excess of your Initial Franchise Fee or other payments to us; or receive any rights, goods, or services not expressly set forth in this Agreement.
During businesw for a period of twelve months after my employment, I will not solicit or induce any employee or consultant of the Company to quit their employment or cease doing business with the Company, unless I am specifically authorized to do so by the Company.
Therefore, neither this Agreement, the Franchise, the Franchisee nor your Pinkberry Store, or any interest in, or the assets of, any of them can be transferred without our prior written approval.
You will cooperate fully with such an audit. In addition to any city or county business licenses applicable to the services you will be providing, you must comply with all local, state and federal laws, pertaining to food-service businesses, including any business, retail sales, zoning, environmental, labor relations, sanitation, safety, fire, food-service, and health codes, regulations and ordinances, as well as laws and regulations relating to the use of video games machines and access by persons with disabilities.
You will not represent that your and our relationship is other than that of independent Franchisor and Franchisee.
Pinkberry Franchise Review
Franchise level support but work with a home office that coaches but does not dictate. You have the right to set your own prices, except that we can specify maximum prices for goods or services to the greatest degree permitted by law.
Neither you nor we will have any liability under any acts, omissions, agreements or representations made by the other that are not expressly authorized in writing. You and we view these provisions in the context of a diverse franchise system with both large and small, sophisticated and unsophisticated participants, pinkbegry. We strongly suggest that you research this possibility, using telephone directories, local filings and other means, before busiiness pay any money, sign any binding documents or make any binding commitments.
While we are not required to do so except as stated in this Agreementany matter we submit for FAC approval for which approval is granted, will be binding on you.
Pinkberry Production Company is now the sole and exclusive manufacturer of the Pinkberry proprietary yogurt mix and shall be the sole vendor of the olan mix product for the franchisees and for all company owned Pinkberry Stores.
You acknowledge that you have not received or relied on nor have we or anyone else.
Among other things, we can require that any such use be. We will be named a third party beneficiary of such agreement; and.