Common use of Initial Training Clause in Contracts

Initial Training. Before the opening of your COLOR ME MINE® Studio, CMME will conduct an initial training program in the operation of the COLOR ME MINE® Studio under the CMME System for you. You must attend and successfully complete the training program to the satisfaction of CMME before you may open a COLOR ME MINE® Studio. We will make available to you a mandatory initial orientation and training course of up to 10 days. This initial orientation and training course will be provided at our corporate headquarters or other training locations as we may designate. During and after your Franchised Business commencement, an additional training segment comprised of approximately three days will be provided to you in your COLOR ME MINE® Studio. There is no charge for the initial orientation and training course, except that you will be responsible for any travel, room and board and other expenses which you incur in connection with this training and for any salary and other expenses paid or incurred by or on behalf of you in connection with this training. There is no charge for the additional training segment to take place at your COLOR ME MINE® Studio, except that you will pay for travel, lodging and per diem for the opening trainer. If you fail the initial training and orientation course, then at our option we may: (1) retrain you at your expense until you successfully complete the course; or (2) Terminate this Agreement and return to you 50% of the initial franchise fee if and when the Exclusive Area defined in this Agreement is sold to a third party. You are an independent operator, and are solely responsible for all personnel management in your Studio, including but not limited to hiring and terminating, training, scheduling, disciplining, establishing wages, and setting working conditions and rules. Your employee applications and other employee forms must include your legal business name as sole employer. Your employees must sign a statement that they are solely employed by your business and not by CMME. Any support and initial training provided to you by CMME is not in lieu of your responsibility to train and supervise your employees. No employee management services are provided by CMME. You may seek qualified employment and human resource consultants and payroll services of your own choosing. CMME may offer continuing education programs on matters related to the operation or promotion of the COLOR ME MINE® Studio on an optional or mandatory basis, as it considers appropriate. In the event that you request additional assistance after your Franchised Business begins operation, and we deem it appropriate in our sole discretion, we will provide a representative at times and places as we deem necessary and convenient. You must pay our then current costs, as well as per diem and all reasonable travel and living expenses in connection with such assistance. Our training will be provided to you and, in some cases, your Studio Manager. It is your responsibility to train your employees and contract labor.

Initial Training. Before the Restaurant opens, we will furnish initial training on the operation of an EVOS® Restaurant to you and 1 other person (or, if you are a Business Entity, up to 2 of your owners—or 1 owner and 1 manager) (“Initial Training”). If space is available at such Initial Training session, we will furnish Initial Training for up to 3 additional people at no additional charge. The Initial Training lasts for 4 to 6 weeks and will be furnished at our designated training facility and/or at an operating EVOS® Restaurant, as we specify. You, or your owners, are required to complete the Initial Training to our satisfaction. We, in our sole judgment, may change, modify, amend or designate the content and process of Initial Training. Successful completion of the Initial Training program by you, or your owners, is a condition to the opening of your COLOR ME MINEthe EVOS® Studio, CMME will conduct an initial training program in Restaurant to the operation of the COLOR ME MINE® Studio under the CMME System for youpublic. You must attend and successfully complete also are required to participate in all other activities required to operate the training program Restaurant. Although we will furnish Initial Training to the satisfaction of CMME before you may open a COLOR ME MINE® Studio. We will make available to you a mandatory initial orientation and training course of up to 10 days. This initial orientation and training course will be provided you, or your owners, at our corporate headquarters no additional fee or other training locations as we may designate. During and after your Franchised Business commencementcharge, an additional training segment comprised of approximately three days will be provided to you in your COLOR ME MINE® Studio. There is no charge for the initial orientation and training course, except that you will be responsible for any travel, room all travel and board and other living expenses which you such persons incur in connection with Initial Training and any other training we require or recommend. You agree to replace an employee if we determine that he or she is not qualified to serve at the Restaurant. If we determine that you, or your owners, are unable to complete Initial Training to our satisfaction, we have the right to terminate this training and Agreement. If this Agreement is terminated for any salary and other expenses paid or incurred by or on behalf of you in connection with this training. There is no charge for the additional training segment to take place at your COLOR ME MINE® Studioreason, except that you will pay for travelsign a general release, lodging in form satisfactory to us, of any and per diem for the opening trainerall claims against us and our shareholders, officers, directors, employees and agents. If you fail the initial training and orientation course, then at our option we may: (1) retrain you at your expense until you successfully to satisfactorily complete the course; or (2) Terminate this Agreement and return to you 50% of Initial Training, we will terminate the initial franchise fee if and when the Exclusive Area defined in this Agreement is sold to a third partyAgreement. You are an independent operator, and are solely responsible for all personnel management in your Studio, including but not limited to hiring and terminating, training, scheduling, disciplining, establishing wages, and setting working conditions and rules. Your employee applications and other employee forms must include your legal business name as sole employer. Your employees must sign a statement that they are solely employed by your business and not by CMME. Any support and initial training provided to you by CMME is not in lieu As part of your responsibility to train and supervise your employees. No employee management services are provided by CMME. You may seek qualified employment and human resource consultants and payroll services of your own choosing. CMME may offer continuing education programs on matters related to the operation or promotion of the COLOR ME MINE® Studio on an optional or mandatory basis, as it considers appropriate. In the event that you request additional assistance after your Franchised Business begins operation, and we deem it appropriate in our sole discretionInitial Training, we will provide a representative at times your Restaurant an “opening team” consisting of such numbers and places types of personnel we designate, for such time period as we deem necessary may designate, to assist you with the operational, administrative, customer service and convenientadvertising aspects of operating your Restaurant. We require you, at your expense, to provide on-site meals and beverages to the opening team while it provides assistance to you. You must pay our then current costsfully cooperate with the efforts of the opening team. However, as well as per diem and all reasonable travel and living expenses in connection with such if you are a transferee of an existing EVOS® Restaurant, we are not obligated to provide you an opening team or any on-site assistance. Our training will be provided to you and, in some cases, your Studio Manager. It is your responsibility to train your employees and contract labor.

Initial Training. Before the opening If this is your first KIDVILLE Facility, an owner of your COLOR ME MINE® Studio, CMME will conduct an initial training program in yours who actually has management control of the operation of the COLOR ME MINE® Studio under the CMME System for you. You must attend and successfully complete the training program to the satisfaction of CMME your FACILITY must, before you may open a COLOR ME MINE® Studio. We will make available to you a mandatory commence pre-sales, attend an initial orientation and training course session for approximately two (2) weeks at our principal business address or another designated location. (We refer to this owner with management control who attends training as the “Trained Owner.”) Before your FACILITY commences operation, we will provide our training program (which is scheduled to run for approximately four (4) weeks) for your Trained Owner (who also may be your Operator) at no additional charge. (Training may be longer or shorter depending on our opinion of up to 10 days. the Trained Owner’s experience and needs.) This initial orientation training, which focuses on our philosophy, System Standards, and the material aspects of operating a KIDVILLE Facility, will take place at a designated training course will be provided facility of our choice (at our corporate headquarters or other training locations as we may designate. During and after your Franchised Business commencement, and/or at an additional training segment comprised of approximately three days will be provided to you in your COLOR ME MINE® Studio. There is no charge for the initial orientation and training course, except that you will be responsible for any travel, room and board and other expenses which you incur in connection with this training and for any salary and other expenses paid or incurred by or on behalf of you in connection with this training. There is no charge for the additional training segment to take place at your COLOR ME MINE® Studio, except that you will pay for travel, lodging and per diem for the opening traineroperating KIDVILLE Facility). If you fail the initial training and orientation courseyour Trained Owner is not also your Operator, then at our option we may: (1) retrain you at your expense until you successfully complete the course; or Operator must attend approximately two (2) Terminate weeks of training at no additional charge at a designated training facility of our choice (at our corporate headquarters and/or at an operating KIDVILLE Facility). We also will provide up to four (4) days of training at no additional charge for your Early Childhood Development Director and your Director of Birthday Parties. Your Trained Owner, Operator, and directors must satisfactorily complete their respective training regimen and pass applicable operations and proficiency tests. You agree to pay all travel and living expenses, wages, and workers’ compensation insurance that your Trained Owner, Operator, directors, and other employees incur during training. You agree to replace your Operator (if he or she is not also your Trained Owner) and directors if we believe they are not qualified or suitable to hold their positions and to pay our then current fee to train their replacements. Our training program will include a “train the trainer” module so that your senior-level personnel can learn how to train your other employees. If we determine that your Trained Owner (whether or not he or she also is your Operator) cannot satisfactorily complete initial training (and he or she, or a replacement, cannot satisfactorily complete a repeat training program), we may terminate this Agreement and Agreement. Under those circumstances, we will keep one-half (1/2) of the initial franchise fee. We will return to you 50% the remaining portion of the initial franchise fee if you sign our required form of release of claims. Your Trained Owner and when Operator may request additional or repeat training at the Exclusive Area defined end of the initial training and orientation programs if they do not feel sufficiently trained in this Agreement is sold to the operation of a third partyKIDVILLE Facility. You are an independent operator, We and are solely responsible for all personnel management in your Studio, including but not limited to hiring and terminating, you will jointly determine the duration of any additional training, scheduling, disciplining, establishing wages, and setting working conditions and rules. Your employee applications and other employee forms must include your legal business name as sole employer. Your employees must sign a statement that they are solely employed by your business and not by CMME. Any support and initial training provided to you by CMME which is not in lieu of your responsibility to train and supervise your employees. No employee management services are provided by CMME. You may seek qualified employment and human resource consultants and payroll services of your own choosing. CMME may offer continuing education programs on matters related subject to the operation or promotion availability of the COLOR ME MINE® Studio on an optional or mandatory basis, as it considers appropriate. In the event that you request additional assistance after your Franchised Business begins operation, and we deem it appropriate in our sole discretion, we will provide a representative at times and places as we deem necessary and convenientpersonnel. You must pay our then current costscharges for this additional or repeat training. However, as well as per diem if your Trained Owner and all reasonable travel Operator satisfactorily complete our initial training and living expenses orientation programs, and have not expressly informed us at the end of those programs that they do not feel sufficiently trained in connection with such assistance. Our training the operation of a KIDVILLE Facility, then your Trained Owner and Operator will be provided deemed to you and, in some cases, your Studio Managerhave been trained sufficiently to operate a KIDVILLE Facility. It If this is your responsibility first or second KIDVILLE Facility franchise, we will send one or more of our representatives to your Hub Location at our cost for up to one (1) week to assist in the initial stages of the FACILITY’s operation and to help train your employees on-site. We will send our representative(s) to your Hub Location before you begin conducting Classes or during your first semester (i.e., four months) of operation (at our option). We need not send representatives to your Annex Locations (even if this is your first KIDVILLE Facility franchise) or to a third or subsequent Hub Location you develop. If you request, and contract laborwe agree to provide, additional or special guidance, assistance, or training before you begin conducting Classes or during the first semester, you agree to pay our then applicable charges, including our personnel’s per diem charges (including wages) and travel, hotel, and living expenses. Approximately ninety (90) days after the FACILITY commences operation, your Trained Owner and Operator must attend three (3) days of advanced training at a designated training facility of our choice (at our corporate headquarters and/or at an operating KIDVILLE Facility). You must arrange for this advanced training before the ninety (90) day period ends. All FACILITY personnel in customer contact positions must be able to speak, read, write, and understand the English language fluently. We have the right to decide whether a person has the required English fluency.