英文加盟商业合同可编辑模板masterfranchiseagreement内容摘要:
y or default in, or failure of, performance resulting from or arising out of or in connection with any Event of Force Majeure and no such delay, default in, or failure of, performance shall constitute a breach by either party hereunder. As soon as reasonably possible following the occurrence of an Event of Force Majeure, the affected party shall notify the other party, in writing, as to the date and nature of such Event of Force Majeure and the effects of same. If any Event of Force Majeure shall prevent the performance of a material obligation of either party hereunder, and if the same shall have continued for a period of longer than [SPECIFY] days, then either party hereto shall have the right to terminate this Agreement by written notice to the other party hereto.4. EXCLUSIVITYFor so long as this Agreement shall remain in effect, Company shall not operate, or grant a franchise to any person other than Subfranchisor to operate any Franchise in the Development Area.5. ADDITIONAL COMMITMENTS OF COMPANY AND MASTER FRANCHISEE Training(a) Within one (1) year following the effective date hereof, Subfranchisor shall construct, equip, open and mence to operate at least one (1) Franchise, which shall function as both a Franchise and as a training facility for Subfranchisor39。 s employees, and for the owners and employees of Subfranchisees. Thereafter, Subfranchisor shall continuously open, own and operate the number of Franchises required to be opened by Subfranchisor (“Subfranchisor Franchises”) as described in Exhibit “B”, and at least one (1) of such Franchises shall be a training facility for the first ten (10) Franchises operating in the Development Area with an additional Subfranchisor Franchise being designated as a training facility on each occasion that Subfranchisor mences to develop each successive group of ten (10) Franchises. Subfranchisor shall train Subfranchisees39。 and Subfranchisor39。 s employees in accordance with the terms of the individual Franchise Agreement or Subfranchise Agreement for each Franchise in the Development Area and shall operate such training facility or facilities according to the standards, policies and procedures prescribed by Company in the Operations Manual and any other written munications from Company to Subfranchisor from time to time.(b) Not later than one hundred and twenty (120) days after the date of this Agreement, Company shall instruct Subfranchisor in the Company39。 s System by providing an initial training program at an existing Franchised Business and/or at the Company39。 s corporate offices, or at such other location as the parties may mutually agree, for such of Subfranchisor39。 s management and supervisory personnel as Subfranchisor may reasonably designate. Subfranchisor shall bear all travel and living expenses of its said personnel in connection with such initial training. The number and type of personnel to be used by Company to provide training shall be wholly within the discretion of Company, provided, however, that such persons (“Company Trainers”) shall be sufficiently knowledgeable and capable, individually or together with other such persons, to provide instruction and training regarding sales promotion, and methods of operating the Franchised Business. Such initial training program shall be of such duration, as Company shall determine to be necessary to enable Subfranchisor to perform its obligations and to operate the Franchised Business pursuant hereto.(c) Prior to the opening of Subfranchisor39。 s first Franchise, at no additional charge to Subfranchisor, Company shall cause one or more Company Trainers to visit the Franchise and provide additional training and operating assistance to Subfranchisor in connection therewith, provided however, that the timing and schedule of any such visit, as well as the number of Company Trainers, shall be subject to the mutual consent of the parties.(d) Subfranchisor shall have the right at any time after the first visit described in subsection (c) above to request Company to provide training or operating assistance in the Development Area。 when so requested, Company shall provide personnel for such purposes, subject to their prior mitments, in such number and pursuant to such schedule as Company and Subfranchisor may mutually agree. (e) In connection with any of the visits to the Development Area described in this Section, Subfranchisor shall advance or reimburse Company, at Company39。 s election, for all travel, lodging, meals, and other living expenses, reasonably incurred by Company and its employees.(f) Any visits by Company to Subfranchisor39。 s business locations in addition to those requested by Subfranchisor shall be at Company39。 s own expense. Initial MaterialsCompany shall provide to Subfranchisor, at no additional cost, within ninety (90) days after Subfranchisor39。 s pletion of the initial training program described in Section , an initial package of materials described in Exhibit “C” which is attached hereto and incorporated herein by reference. The initial materials to be provided by Company pursuant to this Section do not constitute all of the materials, supplies, and services that will be necessary in order to conduct the Franchised Business. Subfranchising Manual(a) Company shall provide to Subfranchisor, concurrently with the mencement of Subfranchisor39。 s training program described in Section , one (1) copy of Company39。 s subfranchising manual (the “Subfranchising Manual”), one (1) copy of the Policies and Procedures Manual (the “Operations Manual”), and (collectively referred to as the “Manuals”). Subfranchisor shall conduct all subfranchising activities and all business activities, and shall cause its Subfranchisee s to conduct their business activities, in strict accordance with Company39。 s standard operational methods and procedures as prescribed from time to time in the Manuals. As used herein, the term “Manuals” shall be deemed to incl。英文加盟商业合同可编辑模板masterfranchiseagreement
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