You and we execute this Agreement in the belief that it is the basis for a long-term business relationship and should be enforced according to its express provisions. Generally, we condition our approval of a supplier based on several criteria including, but not limited to, i the proposed item meeting our exact specifications, ii the supplier’s ability to handle the volume requirements of supplying the product in the quantities and timely as required, and iii the consistency of the quality of the product delivered. Pinkberry is a global brand with a corporate team experienced in product rollouts and strong investment returns. Your initial investment will depend on your location, and any modifications needed for hook up and installation. Operation of the Pinkberry Store by us during any such period will be on your behalf; provided that we will only have a duty to use reasonable efforts and will not be liable to any creditor of yours or for any debts, losses or obligations incurred by the Pinkberry Store.
Pinkberry Store Financial Standards. We have not included the purchase price of the required hardware and software maintenance agreements in the figures. We will take such action as we deem appropriate in our Business Judgment. We will consent to a transfer from you to a Business Entity entirely owned by you and formed for the sole purpose of operating the Pinkberry Store if the conditions described in You have a non-exclusive right to use the Marks and only as expressly authorized by us under this Agreement.
The geographical area of each Region will be established by us, with due consideration given to achieving a representative group of Pinkberry Store franchisees for each Region. If we request it, you will submit verification of your expenditures in a form prescribed by us in our Business Judgment.
You understand that we are reiving on you to bring forward in writing at this time any matters inconsistent the representations contained in this Article The term does not include non-Traditional Pinkberry Store or other distribution opportunities.
During the Term of this Agreement and any successor franchise.
Pinkberry Franchise Review
This Agreement will be executed in multiple copies, each of which will be deemed an original. If we do not exercise our right of first refusal, you or your owner can complete the sale to.
Assignment of contract by us Even though our Affiliate has operated a Pinkberry Store for 2 years, we would not be able to predict what results we might achieve, and we certainly have no way of knowing what results you will achieve.
Currently, there are no agreements that limit our right to use or license our Marks. Royalty payments are due commencing with the royalty period in which you open your Pinkberry Store or days after the Effective Date of this Agreement, whichever is earlier.
Pinkberry: Franchise Agreement
We can require plaan such entity to submit monthly and annual financial statements, and can require that the annual financial statements be audited, all at the expense of such cooperative. You will use the Marks solely for the identification of your Pinkberry Store Franchise. You must notify us immediately of any apparent or actual infringement of, or challenge to your use of the Marks, or any claim by any person of any rights in the Marks.
The amount you spend will depend on several factors, including the distance you have to travel and the type of accommodations you choose.
Pinkberry now more than stores worldwide.
No profit, gain or other benefit will directly accrue to us from the Marketing Fund. You will not use any Mark in connection with the performance or sale of any unauthorized services or businesx or at any plann or in any other manner not expressly authorized in writing by us.
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. Their products come with a variety of toppings and they also sell shakes and smoothies.
The initial investment for one of these franchises has a low and high number which is much the same as some of the other businesses you might want to consider.
Franchise Agreement, Section 3. 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.
From November through JulyMs.
You will provide to us such information regarding the sales and operation of your Pinkberry Pinberry, and in such form and format, as we specify from time to time in our Business Judgment.
We can, in our Business Judgment, do any framchise the following: You understand that a “Traditional Pinkberry Store is defined in Article This license agreement does not significantly limit our rights to use or license the trademark in a manner material to you.
The initial training program will be at a time and place, and for such period, as we specify in our Business Judgment. Is this your franchise?
We will prepare financial statements for the Marketing Fund annually, which will be furnished to you upon written request. We can but are not required to implement the correction process described in Section When you see pan capitalized word, or if you do not understand the meaning of a particular pronoun reference, look at Article 22 to see whether the term has been defined.
The releases granted hereunder will be deemed effective as of the date hereof. We require that you ensure that your employees execute covenants of confidentiality and non solicitation, indemnification for you and for us, in a form substantially similar to the form provided by Franchisor from time to time, provided that such covenants must be approved by your local counsel as enforceable and applicable under the law of your State.