SIGNED ON 24 FEBRUARY 1980 THE FRANCHISEE OBTAINED A FRANCHISE FOR THREE SEPARATE ZONES , HAMBURG , OLDENBURG AND HANOVER . THE THREE CONTRACTS ARE VIRTUALLY IDENTICAL IN THEIR WORDING . MORE SPECIFICALLY , THEY INCLUDE THE FOLLOWING PROVISIONS .
5 THE FRANCHISOR :
( A ) GRANTS THE FRANCHISEE , IN RESPECT OF A TERRITORY DEFINED BY MEANS OF A MAP ATTACHED TO THE CONTRACT , THE EXCLUSIVE RIGHT TO USE THE TRADE-MARK ' PRONUPTIA DE PARIS ' FOR THE MARKETING OF HER GOODS AND SERVICES AND THE RIGHT TO ADVERTISE ;
( B)UNDERTAKES NOT TO OPEN ANY OTHER PRONUPTIA SHOPS IN THE TERRITORY IN QUESTION OR TO PROVIDE GOODS OR SERVICES TO THIRD PARTIES IN THAT TERRITORY ;
( C)UNDERTAKES TO ASSIST THE FRANCHISEE WITH REGARD TO THE COMMERCIAL ASPECTS OF HER BUSINESS , ADVERTISING , THE ESTABLISHMENT AND DECORATION OF THE SHOP , STAFF TRAINING , SALES TECHNIQUES , FASHION AND PRODUCTS , PURCHASING AND MARKETING AND , IN GENERAL , EVERYTHING WHICH , IN ITS EXPERIENCE , IS LIKELY TO HELP TO IMPROVE THE TURNOVER AND PROFITABILITY OF THE FRANCHISEE ' S BUSINESS .
6 THE FRANCHISEE , WHO REMAINS SOLE PROPRIETOR OF HER BUSINESS AND ASSUMES ALL ITS RISKS , IS OBLIGED :
( A ) TO SELL THE GOODS , USING THE TRADE NAME AND TRADE-MARK ' PRONUPTIA DE PARIS ' , ONLY IN THE SHOP SPECIFIED IN THE CONTRACT , WHICH MUST BE EQUIPPED AND DECORATED MAINLY FOR THE SALE OF BRIDAL FASHIONS IN ACCORDANCE WITH THE FRANCHISOR ' S INSTRUCTIONS , IN SUCH A WAY AS TO ENHANCE THE BRAND IMAGE OF THE PRONUPTIA CHAIN , AND CANNOT BE TRANSFERRED TO ANOTHER LOCATION OR ALTERED WITHOUT THE AGREEMENT OF THE FRANCHISOR ;
( B)TO PURCHASE FROM THE FRANCHISOR 80% OF WEDDING DRESSES AND ACCESSORIES , TOGETHER WITH A PROPORTION OF COCKTAIL AND EVENING DRESSES TO BE SET BY THE FRANCHISEE HERSELF , AND TO PURCHASE THE REMAINDER ONLY FROM SUPPLIERS APPROVED BY THE FRANCHISOR ;
( C)TO PAY THE FRANCHISOR , IN RETURN FOR THE BENEFITS GRANTED , A SINGLE ENTRY FEE FOR THE CONTRACT TERRITORY OF DM 15 000 AND , THROUGHOUT THE DURATION OF THE CONTRACT , A ROYALTY OF 10% OF TOTAL SALES OF PRONUPTIA PRODUCTS AND ALL OTHER GOODS , INCLUDING EVENING DRESSES PURCHASED FROM SUPPLIERS OTHER THAN PRONUPTIA ;
( D)TO REGARD THE PRICES SUGGESTED BY THE FRANCHISOR AS RECOMMENDED RETAIL PRICES , WITHOUT PREJUDICE TO HER FREEDOM TO FIX HER OWN PRICES ;
( E)TO ADVERTISE IN THE CONTRACT TERRITORY ONLY WITH THE FRANCHISOR ' S AGREEMENT , AND IN ANY EVENT TO HARMONIZE THAT ADVERTISING WITH THE FRANCHISOR ' S INTERNATIONAL AND NATIONAL ADVERTISING , TO DISTRIBUTE CATALOGUES AND OTHER PUBLICITY MATERIAL PROVIDED BY THE FRANCHISOR TO THE BEST OF HER ABILITIES AND IN GENERAL TO APPLY THE BUSINESS METHODS IMPARTED TO HER BY THE FRANCHISOR ;
( F)TO MAKE THE SALE OF BRIDAL FASHIONS HER MAIN PURPOSE ;
( G)TO REFRAIN , DURING THE