Becoming a franchisee is a multi-step process that includes Candidate Pre-Qualification, Due Diligence, Business Plan Review and Approval, Contract Signing, Franchise Training, Site Selection, Construction and Grand Opening. Seventy-five percent of the respondents reported pain in the past year, over half sought medical treatment for the pain during that time, and nearly as many noted that they had pain within the past week. Waiving demand and notice, the undersigned hereby, jointly and severally, personally guarantee the full payment of Franchisees money obligations to us and our parents or affiliates under Section 5 and the performance of all of the Franchisees other obligations under this Franchise Agreement, including, without limitation, Section 10 in its entirety relative to the restrictions on activities. The Continuing Advertising Fee should be paid at the same time and in the same manner as the Continuing Franchise Fee, unless we specify otherwise, in writing. You will indemnify and hold us, our parent, subsidiaries and affiliates, including our and their respective members, officers, directors, employees, agents, successors and assigns, harmless from all claims related in any way to your operation, possession or ownership of the Restaurant or the Premises, or any debt or obligation of yours.
For the cost of one direct mailing, we had 365 days of advertising. The pipeline provides the ability to keep up and ahead of short term culinary trends, let our guests try new things, and round out our overall menu on a regular basis. We may use up to twenty percent 20% of Continuing Advertising Fees but none of Additional Advertising Fees for the administrative expenses of the Fund and for programs designed to increase sales and further develop the reputation and image of the brand. You have an option to renew the Franchise upon the expiration of the Term for one 1 additional term of twenty 20 years the Renewal Term if, and only if, each and every one of the following conditions have been satisfied: i You give us written notice of your desire to renew the Franchise at least twelve months, but not more than eighteen months the Renewal Notice Period prior to the end of the Term. The brand is constantly innovating to offer guests new, delicious flavors and menu options to keep them running all throughout the day.
We have the sole right to establish an Internet home page using any of the Proprietary Marks, and to regulate the establishment and use of linked home pages by our franchisees. All policies shall include a provision prohibiting cancellations or material changes without thirty days prior written notice to all named insureds. No cure period will be available if you are in default under paragraphs 14. No later than the Remodel Dates described in the Contract Data Schedule, you must remodel the Restaurant in accordance with our then-current remodel Standards as generally described below, including those relating to fixtures, furnishings, signs and equipment. Back Office Automation Nish Parekh knows a lot about the back office piece of running a quick service restaurant. This Agreement may only be modified in a writing signed by you and us.
You agree to participate in our specified program or procedure for sales reporting and payment of fees that are due, whether it is electronic fund transfer or some successor program, in accordance with our Standards. From time to time, we may enter into or require national or regional exclusive supply arrangements with one or more independent suppliers for certain approved products. The plaintiffs election to arbitrate or to submit the dispute to the court system, including any compulsory counterclaims, is binding on the parties except that we shall have the option to submit to a court any of the following actions: to collect fees due under this Agreement; for injunctive relief; to protect our intellectual property, including Proprietary Marks; and to terminate this Agreement for a default. In 2013, the brand introduced 40 new products. John Costello:At Dunkin' Donuts, we take a disciplined approach that balances consumer demand with operational execution as we develop and launch new products. Maintain a sufficient number of properly trained managers and employees to render quick, competent and courteous service to Restaurant customers in accordance with our Standards. In other towns, we have no restrictions.
Our prior written approval may take the form of guidelines. No claim by either of us can be consolidated with the claims of any other party. Sales made to approved wholesale accounts are included in Gross Sales for purposes of calculating the Continuing Franchise Fee but not the Continuing Advertising Fee. You agree to pay us a Continuing Advertising Fee on or before Thursday of each week, for the seven-day period ending at the close of business on Saturday, twelve days previous. We intend to offer qualified Veterans who purchase a Store Development Agreement for five or fewer Restaurants a 20% discount on the Initial Franchise Fee. If any tax or fee other than federal or state income tax is imposed on us by any governmental agency due to our receipt of fees that you pay to us under this Agreement, then you agree to pay us the amount of such tax as an additional Continuing Franchise Fee.
We will specify the means and manner of payment from time to time, in writing. If a default is curable under this Agreement, and the applicable law in the state in which the premises is located requires a longer cure period than that specified in this Agreement, the longer period will apply. The remaining materials are your property. In connection with a material branding or re-branding event such as the opening, re-opening or remodel of the Restaurant or any other event set forth in our Standards, you agree to undertake promotional activities in the manner and to the extent that we prescribe in accordance with our Standards. If any pleading is filed that contains any of these claims or a jury demand, or if a court determines that all or any part of the waivers are ineffective, then the pleading shall be dismissed with prejudice, leaving the pleading party to its arbitration remedy. We go in and do an energy audit and, in most cases, we contract the servicing electric company for rebates.
And because we are continually adding feedback from users like you, we are able to keep refining our accuracy. If a court or other tribunal having jurisdiction to determine the validity or enforceability of this Section determines that, strictly applied, it would be invalid or unenforceable, then the time, geographical area and scope of activity restrained shall be deemed modified to the minimum extent necessary such that the restrictions in the Section will be valid and enforceable. There are many variables that make it impossible to predict future results with any certainty, including such factors as: sales, location, occupancy and operating costs, the financing terms, your ability to manage and control the business and other factors. All notices to us shall be sent to Attention: Legal Department. Permitted Financing: no more than 90% of i the initial investment in the building, site and additional development, equipment, fixtures and signs for new restaurants or ii the purchase price for existing restaurants.
But honestly, none of us would ever go back. Clear communication, driving consistency in how we build different products, and upfront management of complexity leads to a better experience for our crew members and the guests that they serve. At transfer, you must pay us a Transfer Fee as follows, whether or not we exercise our rights in Section 13. The brand still uses the original proprietary coffee blend recipe established by its founder and serves approximately 2 billion cups of hot and iced coffee every year around the world, with standards for coffee excellence that are among the best in the industry. Using the bold style gives the brand a sense of projection while not being overwhelming to the viewer. You are responsible for the costs of Refurbishments and Remodels. For any arbitration, the arbitrator s shall issue a reasoned award, with findings of fact and conclusions of law.
With Wi-Fi, people can sit in the store in the afternoons and have meetings on their laptops, which is a different feeling than how it was five years ago when you just had people running in and out. You must destroy any product or cure any situation that, in our opinion, poses an imminent risk to public health and safety, at the time we demand you do so. The restriction in the previous sentence does not apply to your ownership of less than two percent 2% of a company whose shares are listed and traded on a national or regional securities exchange. All notices shall be sent by prepaid private courier or certified mail to the addresses set forth in the Contract Data Schedule, or to such other addresses as you and we provide each other in writing. We reserve the right to select another period or to make appropriate adjustments to such Gross Sales in the event extraordinary occurrences e.
The amount due should be calculated by multiplying a the Gross Sales of the Restaurant for that seven-day period by b the Continuing Franchise Fee percentage stated in the Contract Data Schedule. As franchisee, you have the right and responsibility to exercise day-to-day control over your franchised business to meet those Standards, and the heart of the System and this franchise relationship is your commitment to that responsibility. We will advise on the selection of the Restaurants site as well as its construction, design, layout, equipment, maintenance, repair and remodeling. Acceptance by us of any payments due under this Agreement shall not be deemed to be a waiver by us of any preceding breach by you of any term. You further acknowledge having carefully read this agreement in its entirety, including all addenda identified above and the Personal Guarantee below if applicable.