Any disclosure by us will be for reasonable business purposes. Home About Us Contact. Such panel’s decision will be in writing, may be entered in any court having jurisdiction and will be binding, final and non-appealable. Except for the location of a Traditional Pinkberry Store within the Territory, you have no right to exclude, control or impose conditions on the location or operation of present or future Pinkberry Store or any other brand units or distribution channels of any type, franchised or Pinkberry Store-owned, regardless of their location or proximity to the Premises. You agree not to identify yourself, or any business you may operate or in which you may become involved, or to advertise or promote yourself in any manner, as a present or former Pinkberry Store franchisee; F. There are no franchise fees, royalties, marketing fees or post-investment required purchases. If you would like to use the Marks or System at another location, then you must have our prior written consent from us.
You and we agree that neither of us are, or will be deemed to be, a joint employer with the other and you will indemnify us with respect to any such or similar claims against us. You and we agree that the unenforceability of any provision of this Agreement will not affect the remainder of this Agreement. Each training program will include classroom training and on the job training at an existing Pinkberry Store. However, all Pinkberry Stores owned by us will make contributions to the Marketing Fund as if they were subject to the then-current form of Franchise Agreement. Purchasing or Distribution Cooperatives Currently, there are no formal or mandatory purchasing or distribution cooperatives in the System, but we reserve the right to institute them in the future.
Finally, there are no infringing uses actually known to us that could materially affect your use of the copyrighted materials in any state. We formulate and will provide you through the Manuals or other means with any applicable specifications for menu items, ingredients, equipment, inventory, vending machines, customer service requirements and other items, all of which are subject to change by us.
Such systems may include, but are not limited to, electronic cash register, computer pnkberry point of sale systems, and software programs, and may have components only. FranchiseHelp offers franchise consultants a unique lead buying experience.
On request by either party, the arbitration panel will provide to all disputants a reasoned opinion with findings of fact and conclusions of law and the party so requesting will pay the arbitration panel’s fees and costs connected therewith.
Pinkberry Franchise Agreement 2. Other None None 1 The Franchise Agreement contains a simple dispute resolution clause which states that if the parties cannot resolve their differences frandhise they will proceed to litigation. Franchise franchiae support but work with a home office that coaches but does not dictate.
Before signing any binding documents or making any investment, you should make your own independent investigation regarding the possible purchase of a Pinkberry Store Franchise. Designation of a supplier may be conditioned on factors established by us in our Business Judgment, including without limitation performance relating to frequency of delivery, standards of service, and payment or other consideration to us or parties designated by us. 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.
However, notwithstanding the foregoing, if an item is not merely confidential Information but constitutes a trade secret under applicable law, the above obligations will apply without any time limit. The fee must be received from you at the time of your election and is nonrefundable unless we do not grant a Successor agreement to you. In addition, we can require successful completion of training by your personnel as specified by us from time to time.
You agree that if any of the statements or matters set forth in this Article 21 are not true, correct and complete that vou will make a written statement regarding such next to your signature below so that we can address and resolve any such issue s at this time. We can specify the types and amounts of.
Pinkberry Franchise Review – Franchise Reviews at BizON
If this Agreement is awarded in connection with the grant of a successor franchise, then the Term of this Agreement will be governed by the successor provisions of the franchise agreement under which you operated during the initial term which is now expired. We can require each 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.
Failure of the Franchisor to exercise any remedy hereunder shall not be construed or deemed to be a waiver of any of its rights hereunder.
If a corporation, LLC or partnership buys the Franchise, “you” includes the Franchisee’s owners, as appropriate. You understand that you are not permitted to terminate this Pijkberry for any default committed by us, except as permitted by applicable law.
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. The term does not include bhsiness Pinkberry Store or other distribution opportunities.
All matters related in any way to your site are your sole responsibilityregardless of any assistance we may choose to provide.
You should review these figures carefully with a business advisor such as an accountant before making any decision to ffanchise the franchise.
Confidential Information includes recipes, business plans, customer lists, business records and files, sales and marketing reports, technical data, prices and costs, designs and formulas, software, databases, personnel and payroll records, mailing lists, accounting records, and other business information.
Pinkberry Production Company is now the sole and exclusive manufacturer of the Pinkberry proprietary yogurt mix and shall be the sole vendor of the yogurt mix product for the franchisees and for all company owned Pinkberry Stores.
Pinkberry Franchise Review
You may not open your Pinkberry Store until we give you your opening notice. Our current policy is to allow you and other Pinkberry Store Franchisees to accept orders from any customer located anywhere, but we can change this policy in our Business Judgment. You and we agree that setting mutual expectations for the receipt of such future releases and assenting to grant them now is more productive than being surprised by such requirements at a later point in our relationship.
Miscellaneous costs to begin operations and other financial requirements may be more or less than the figures specified above. Prior to that, from February to AugustMs. Royalty payments are due commencing with the royalty period in which you open your Pinkberry Store Franchised Business or days after the Effective Date of the Franchise Agreement, whichever is sooner.
We are not able to predict gross revenues, expenses, profit or other results for franchised or Company-Owned Pinkberry Stores and do not, and will not, review or comment on your proposed budget, business plan or otherwise.