PINKBERRY FRANCHISE BUSINESS PLAN

There are no franchise fees, royalties, marketing fees or post-investment required purchases. State by State Guides. While we are not required to do so, any matter we submit for FAC approval for which approval is granted, will be binding on you. We strongly suggest that you research this possibility, using telephone directories, local filings and other means, before you pay any money, sign any binding documents or make any binding commitments. We cannot predict if you will have reached positive cash flow by that time or not. The terms, covenants, and conditions contained herein shall bind the Franchisee and its successors and assigns, and inure to the benefit of the Franchisor and its successors and assigns.

Assignment of contract by us We can, in our Business Judgment, require you to sign an assignment of such Numbers prior to training or at another time. You may not use our Marks in connection with the sale of an unauthorized product or service or in a manner not authorized in writing by us. The term “transfer” includes but is not limited to any voluntary or involuntary assignment, sale, gift, pledge or any grant of any security or other interest whether partial or whole, or direct or indirect , by you or your owners, if the Franchisee is a Business Entity. We cannot predict if you will have reached positive cash flow by that time or not. You are required to attend all Attendance based on attendance mandatory meetings unless fees, travel, living and excused by us. In connection with such compliance efforts, you agree not to enter into any prohibited transactions and to properly perform any currency reporting and other activities relating to your Franchised Business as may be required by us or by law.

You and we agree on the practical business importance of certainty as to the law applicable to your and our relationship and its possible effect on the development and competitive position of the System.

You agree to maintain your systems online to allow us access to system data and information. You must use vour best efforts to maximize Gross Revenues. Pinkberry Production Company, an Affiliate of ours, was formed as a California corporation on May 15, You must deliver a copy of the signed lease or sublease to us within 5 days after it is signed.

You will pay us on demand any costs and premiums incurred by us. Franchise Agreement section Any transfer in the event of death or disability will be governed by Section Franchise Agreement, Section 3. Therefore, just framchise you have the option to not accept a Successor franchise, we have the option to no longer award Successor or other franchises, or grant renewals, in the circumstances discussed in this Agreement.

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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.

In connection with such compliance efforts, you agree not to enter into any prohibited transactions and to properly perform any currency reporting and other activities relating to your Franchised Business as may be required by us or by law.

Section and Article headings are for convenience only and do not define, limit, or construe such provisions. Patriot Act, Executive Orderand related U. You understand, acknowledge and agree that 1 we may have offered franchises in the.

Franchise Agreement

Home About Us Contact. The terms, covenants, and conditions contained herein shall bind the Franchisee and its successors and assigns, and inure to the benefit of the Franchisor and its successors and assigns.

pinkberry franchise business plan

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. Any such Claim which is not submitted or filed in such proceeding will be forever barred. We can require you to reimburse us for the cost of the inspection or audit, including, without limitation, the charges of any independent accountants, and related travel and per diem charges for our and their employees, if: We have no contractual obligation to notify you within a specific period of time whether or not you are authorized to purchase or use the proposed item or to deal with the proposed supplier.

pinkberry franchise business plan

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. You acknowledge and represent that you have entered into this Agreement llan made an investment only after making an independent investigation of the opportunity, including having received a list with your Uniform Franchise Offering Circular of others currently operating, or who have operated, our franchises.

Upon failure of Franchisee to businesw elect to extend or renew or assume the Lease, Franchisee hereby appoints Franchisor pijkberry its true and lawful attorney-in-fact to exercise such options in the name, place and stead of Franchisee for the sole purpose of effecting any extension, renewal or assumption, in each case for the account of the Franchisee and without any liability or obligation of the Franchisor.

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You will not engage in any other business or activity that may conflict with your obligations under this Agreement or reduce the Gross Revenue of your Pinkberry Store. You must obtain certification from a state approved provider as required by State agencies before opening. If you claim that such a default exists or that you have any other basis for terminating your obligations and our rights under this Agreement or making any other claim against usyou must give us written notice and 30 days to cure; any action by you to terminate will not proceed until we have had such notice and an opportunity to cure.

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, you agree to relocate your Pinkberry Store. You should independently research and review the legal requirements of the food services industry with your own attorney before vou sign any binding documents or make any investments.

Pinkberry: UFOC

If you fail to maintain required insurance coverage, we can obtain such insurance pinkberty on your behalf. Termination by us with cause 2. You are responsible for any costs associated with such activities, including travel, meals, lodging and any other related expenses and will participate in the those additional activities, programs, etc.

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Such premises must comply with all specifications and standards then-applicable for new Pinkberry Store and with the Manuals; and D. Each insurance policy must name us and our Affiliates as additional named bbusiness, will contain a waiver of all subrogation rights against us and our Affiliates and any successors and assigns, and must provide for 30 days’ prior written notice to us of any material modifications, cancellation, or expiration of the policies.

Franchises by Investment Level.