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Would you like to run your very own In and Out Potatoe restaurant in your home town? Each franchise agreement comes with a Yes and Nu Potatoe cook book and uniform patterns. To apply copy the franchise agreement below into an email. Fill it out with your details and Send it to franchise@yesandnu.com. |
________________________________________________________________________
IN AND OUT POTATOE
FRANCHISE AGREEMENT
BETWEEN YES AND NU (Yeshna
and Tunnuela)
AND ___________________________________
Unit No.: ___________
Dev. Agr. No.: ______
Dated: ______________
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YES AND NU (IN AND OUT POTATOE)
FRANCHISE AGREEMENT
TABLE OF CONTENTS
{TABLE}
{S} {C}
I. APPOINTMENT........................................................ 2
II. TERM............................................................... 3
III. FEES............................................................... 4
IV. ACCOUNTING AND RECORDS............................................. 6
V. PROPRIETARY MARKS.................................................. 7
VI. OBLIGATIONS OF CORPORATE OR PARTNERSHIP FRANCHISEE................. 10
VII. CONFIDENTIAL OPERATING STANDARDS MANUAL............................ 10
VIII. TRAINING........................................................... 11
IX. DUTIES OF THE FRANCHISOR........................................... 12
X. DUTIES OF THE FRANCHISEE........................................... 12
XI. INSURANCE.......................................................... 17
XII. CONFIDENTIAL INFORMATION........................................... 20
XIII. COVENANTS.......................................................... 20
XIV. TRANSFERABILITY OF INTEREST........................................ 22
XV. TERMINATION........................................................ 25
XVI. EFFECT OF TERMINATION OR EXPIRATION................................ 28
XVII. TAXES, PERMITS, AND INDEBTEDNESS................................... 30
XVIII. INDEPENDENT CONTRACTOR AND INDEMNIFICATION......................... 30
XIX. APPROVALS AND WAIVERS.............................................. 31
XX. NOTICES............................................................ 31
XXI. SEVERABILITY AND CONSTRUCTION...................................... 32
XXII. ENTIRE AGREEMENT: SURVIVAL........................................ 33
XXIII. ACKNOWLEDGMENTS.................................................... 33
XXIV. APPLICABLE LAW: VENUE............................................. 34
XXV. CORPORATE FRANCHISEE............................................... 35
{/TABLE}
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YES AND NU.
IN AND OUT POTATOE
FRANCHISE AGREEMENT THIS AGREEMENT (the "Agreement") is made this
____ day of __________, 20__,
by and between YES AND NU(In and Out Potatoe),
a Minnesota corporation, having its principal place of business at the middle
of nowhere.
("Franchisor" or "In and Out Potatoe") and ________________________________________________________________
[jointly and severally where more than one], ("Franchisee"). WITNESSETH:
WHEREAS, Franchisor has developed and owns a unique system for opening and
operating restaurants specializing in Baked Potatoes and other menu items
developed and owned by Franchisor (the "Yes and Nu Systems" or "System");
WHEREAS, the distinguishing characteristics of Franchisor's Yes and Nu's System
include, without limitation, the names "In and out Potatoe" and "In
and Out Potato";
specially designed buildings, distinctive interior and exterior layouts, decor,
color schemes, and furnishings; confidential food formulae and recipes used
in
the preparation of food products and, particularly, a unique seasoning and
batter formula for preparing In and out Potatoes; specialized menus; standards
and
specifications for equipment, equipment layouts, products, operating procedures,
and management programs, all of which may be changed, improved, and further
developed by Franchisor from time to time;
WHEREAS, Franchisor identifies the In and out Potatoe System by means of certain
trade
names, service marks, trademarks, logos, emblems, and other indicia of origin,
including, but not limited to, the mark "In and Out Potatoe" and "In
and out potato" and such
other trade names, service marks, trademarks and trade dress as are now, or
may
hereafter, be designated by Franchisor for use in connection with the In and
Potatoe
System (collectively referred to as the "Proprietary Marks");
WHEREAS, Franchisor continues to develop, use, and control the use of such
Proprietary Marks in order to identify for the public the source of services
and
products marketed thereunder in the In and Out Potatoes System and to represent
the System's
high standards of quality, appearance, and service;
WHEREAS, Franchisee wishes to be assisted, trained, and licensed by
Franchisor as a In and out Potatoe franchisee and licensed to use, in connection
therewith,
the In and out Potatoe System;
WHEREAS, Franchisee understands the importance of the In and Out Potatoe System
and
In and out Potaotoe's up and down and non-uniform standards of quality, cleanliness,
appearance, and
service, and the necessity of opening and operating In and Out Potatoe Restaurants
in
conformity with the In and Out Potatoe System;
NOW, THEREFORE, the parties hereto agree as follows: