payments
made by the Franchisee to the Franchisor required under the terms of this
Agreement.
22.15. Acknowledgement. BEFORE SIGNING THIS AGREEMENT, THE FRANCHISEE SHOULD
READ IT CAREFULLY WITH THE ASSISTANCE OF LEGAL COUNSEL. THE FRANCHISEE
ACKNOWLEDGES THAT:
(A) THE SUCCESS OF THE BUSINESS VENTURE CONTEMPLATED HEREIN INVOLVES
SUBSTANTIAL RISKS AND DEPENDS UPON THE FRANCHISEE'S ABILITY AS AN INDEPENDENT
BUSINESS PERSON AND ITS ACTIVE PARTICIPATION IN THE DAILY AFFAIRS OF THE
BUSINESS; AND
(B) NO ASSURANCE OR WARRANTY, EXPRESS OR IMPLIED, HAS BEEN GIVEN AS TO THE
POTENTIAL SUCCESS OF SUCH BUSINESS VENTURE OR THE EARNINGS LIKELY TO BE
ACHIEVED; AND
(C) NO STATEMENT, REPRESENTATION OR OTHER ACT, EVENT OR COMMUNICATION,
EXCEPT AS SET FORTH IN THIS AGREEMENT, AND IN THE MOST RECENT FRANCHISE
DISCLOSURE DOCUMENT SUPPLIED TO THE FRANCHISEE, IS BINDING ON THE FRANCHISOR IN
CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first above set forth.
ROCKY MOUNTAIN CHOCOLATE FACTORY, INC.
Date:
By:
Title:
FRANCHISEE:
Date:
Individually
AND:
(if a corporation or partnership)
Company Name
Date:
By:
Title:
FRANCHISE AGREEMENT-31
EXHIBIT I
TO FRANCHISE AGREEMENT
ADDENDUM TO ROCKY MOUNTAIN CHOCOLATE FACTORY, INC.
FRANCHISE AGREEMENT
1. Franchised Location. The Franchised Location, set forth in Section 3.1
of the Agreement shall be:
and the Store
configuration shall be:
.
2. Initial Franchise Fee. The amount of the initial franchise fee, set
forth in Section 4.1 of the Agreement, shall be: $
.
Fully executed this
day of
, 20
.
ROCKY MOUNTAIN CHOCOLATE FACTORY, INC.
By:
Title:
FRANCHISEE:
Individually
AND:
(if a corporation or partnership)
Company Name
By:
Title:
FRANCHISE AGREEMENT
EXHIBIT II
TO FRANCHISE AGREEMENT
GUARANTY AND ASSUMPTION OF FRANCHISEE'S OBLIGATIONS
In consideration of, and as an inducement to, the execution of the above
Franchise Agreement (the "Agreement") by Rocky Mountain Chocolate Factory, Inc.
("the Franchisor"), each of the undersigned hereby personally and
unconditionally:
Guarantees to the Franchisor and its successors and assigns, for the term
of the Agreement, including renewals thereof, that the franchisee, as that term
is defined in the Agreement ("Franchisee"), shall punctually pay and perform
each and every undertaking, agreement and covenant set forth in the Agreement;
and
Agrees to be personally bound by, and personally liable for the breach of,
each and every provision in the Agreement.
Each of the undersigned waives the following:
1. Acceptance and notice of acceptance by the Franchisor of the foregoing
undertaking;
2. Notice of demand for payment of any indebtedness or nonperformance of
any obligations hereby guaranteed;
3. Protest and notice of default to any party with respect to the
indebtedness or nonperformance of any obligations hereby guaranteed;
4. Any right he or she may have to require that any action be brought
against Franchisee or any other person as a condition of liability; and
5. Any and all other notices and legal or equitable defenses to which he or
she may be entitled.
Each of the undersigned consents and agrees that:
1. His