Common use of Franchisor’s Development Assistance Clause in Contracts

Franchisor’s Development Assistance. To assist Franchisee in establishing the Restaurant, Franchisor shall provide the following: (1) Assistance related to accepting a site for the Restaurant, although Franchisee acknowledges that Franchisor has no obligation to select or acquire a site on behalf of Franchisee. Franchisor's assistance will consist of, at a minimum, providing general criteria for a satisfactory site and determining whether a proposed site fulfills the requisite criteria prior to formal acceptance of a site selected by Franchisee. Site selection, acquisition, and development shall be the sole obligation of Franchisee, except as set forth in this Agreement or any other written agreement executed by Franchisor. Franchisee acknowledges that Franchisor is under no obligation to provide additional site selection services other than as set forth in a written, executed agreement and that Franchisor's acceptance of the site does not imply or guarantee the success or profitability of the site in any manner whatsoever. (2) Standards and specifications for the build out, interior design, layout, floor plan, signs, designs, color, and decor of the Restaurant. (3) Advice regarding the standards and specifications for the equipment, supplies, and materials used in, and the menu items offered for sale by, the Restaurant and advice regarding selecting suppliers for and purchasing such items. (4) Guidance in implementing advertising and marketing programs, operating and sales procedures, and bookkeeping and accounting programs. (5) The initial training in accordance with Section 7.1. (6) Opening assistance consisting of one (1) or more representatives of Franchisor on site at the Franchised Location for not less than five (5) days to assist Franchisee in opening the Restaurant; provided, however, that Franchisee shall hire and be exclusively responsible for the training, compensation, and control of its employees. (7) One (1) copy of the Operations Manual, as described in Section 8, which shall be loaned to Franchisee during the term of this Agreement.

Franchisor’s Development Assistance. To assist Franchisee in establishing the Restaurant, Franchisor and/or its designated representatives (which may include its affiliates) shall provide the following: (1a) Assistance related to accepting a site for the Restaurant, although Franchisee acknowledges that Franchisor has no obligation to select or acquire a site on behalf of Franchisee. Franchisor's assistance will consist of, at a minimum, providing general criteria for a satisfactory site and site, determining whether a proposed site fulfills the requisite criteria prior to formal acceptance of a site selected by Franchisee, and (at Franchisor's election) designating a real estate broker whom Franchisee must use to contact the landlord of a proposed site. Site selection, acquisition, and development shall be the sole obligation of Franchisee, except as set forth in this Agreement or any other written agreement executed by Franchisor. Franchisee acknowledges that Franchisor is under no obligation to provide additional site selection services other than as set forth in a written, executed agreement and that Franchisor▇▇▇▇▇▇▇▇▇▇'s acceptance of the site does not imply or guarantee the success or profitability of the site in any manner whatsoever. (2b) Standards and specifications for the build out, interior design, layout, floor plan, signs, designs, color, and decor of the Restaurant. (3c) Advice regarding the standards and specifications for the equipment, supplies, and materials used in, and the menu items offered for sale by, the Restaurant and advice regarding selecting suppliers for and purchasing such items. (4d) Guidance in implementing advertising and marketing programs, operating and sales procedures, and bookkeeping and accounting programs. (5e) The initial training in accordance with Section 7.1. (6f) Opening assistance consisting of one (1) or more representatives of Franchisor on site at the Franchised Location for not less than five (5) days to assist Franchisee in opening the Restaurant; provided, however, that Franchisee shall hire and be exclusively responsible for the training, compensation, and control of its employees. (7g) One (1) copy of the Operations Manual, as described in Section 8, which shall be loaned to Franchisee during the term of this Agreement.