Common use of Training and Operating Assistance Clause in Contracts

Training and Operating Assistance. A. TRAINING. Prior to the opening of the STORE, COMPANY shall furnish, and FRANCHISEE (or an owner thereof) and manager of the STORE (if not FRANCHISEE or the Owner) shall attend, an initial training program on the operation of a TREATS Store, furnished at such place and time as COMPANY may designate. Subsequent to the opening of the STORE, COMPANY will provide training (subject to reasonable limitations prescribed by COMPANY as to frequency and time) to any new manager of the STORE. COMPANY shall have the right to require that FRANCHISEE (or such owner) or any previously trained and experienced managers complete supplemental, refresher or new product training programs during the term hereof, to be furnished at such time and place as COMPANY may designate. COMPANY may conduct optional franchisee refresher programs at such places and times as COMPANY determines. FRANCHISEE shall be solely responsible for all expenses incurred in connection with the attendance at such training programs, including, without limitation, transportation, compensation, lodging and meal expenses of all persons designated by FRANCHISEE to participate in any such training program and approved by COMPANY. COMPANY shall have the right to assess FRANCHISEE reasonable charges for training subsequent to the opening of the STORE and optional refresher programs at per diem rates established from time to time by COMPANY. No individual may serve as a manager of the STORE unless and until such individual has completed COMPANY's training program to COMPANY's satisfaction. If, during any training program, COMPANY determines, in its sole discretion, that any proposed manager is not qualified to manage the STORE, COMPANY shall notify FRANCHISEE thereof, and FRANCHISEE may select and enroll a substitute manager in such training program. If, during the initial training program, COMPANY determines, in its sole discretion, that FRANCHISEE (or such owner) is not qualified to manage the STORE, COMPANY shall have the right to terminate this Agreement, effective upon delivery of written notice thereof to FRANCHISEE. If this Agreement is terminated, COMPANY shall refund FRANCHISEE's initial franchise fee, less Three Thousand Five Hundred Dollars ($3,500.00) as compensation for COMPANY's expenses incurred in connection with the sale of the Franchise, training and site selection, inspection and assistance. FRANCHISEE acknowledges and agrees that such refund shall be COMPANY's only obligation to FRANCHISEE. FRANCHISEE further acknowledges and agrees that, in the event of such termination, he is bound by the terms and conditions of Paragraph C of Section 17 of this Agreement. In the event of termination, COMPANY shall have the option, but not the obligation, to exercise its right to a collateral assignment of FRANCHISEE's Lease. COMPANY shall exercise such right within twenty (20) days after receipt of all written agreements relating to the Lease, including copies of all permits and licenses and such other documents as COMPANY requests, provided that if COMPANY exercises such right to a collateral assignment of the Lease, COMPANY shall reimburse FRANCHISEE for any and all of FRANCHISEE's reasonable expenses incurred in developing the Premises.