Exhibit 10.15
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EL POLLO LOCO® FRANCHISE AGREEMENT
Dated: ____________________
Location:
Franchisee:
Franchisee Notice Address:
Franchisee Notice Facsimile Number:
(Disclosure Document Control No. 032619)
TABLE OF CONTENTS:
1.SCOPE AND PURPOSE OF AGREEMENT
4
2.THE EL POLLO LOCO® MARKS & SYSTEM
5
3.TERM
7
4.SITE DEVELOPMENT
7
5.IMPROVEMENTS, FIXTURES AND EQUIPMENT
8
6.FEES, TAXES AND OTHER CHARGES
11
7.FINANCIAL REPORTING, BILLING AND PAYMENT
13
8.ADVERTISING AND MARKETING
19
9.INSURANCE AND INDEMNIFICATION
21
10.VENDING MACHINES
24
11.COMPLIANCE WITH MANUAL AND WITH SYSTEM STANDARDS
24
12.RESTAURANT MAINTENANCE AND REPAIR
27
13.HOURS OF OPERATION
28
14.PERSONNEL STANDARDS
29
15.INSPECTIONS
29
16.TRAINING
31
17.ASSIGNMENT
33
18.DEFAULT AND TERMINATION
40
19.RIGHTS AND OBLIGATIONS UPON TERMINATION
44
20.RIGHTS TO A SUCCESSOR FRANCHISE
46
21.PROPRIETARY RIGHTS AND UNFAIR COMPETITION
47
22.DISPUTE RESOLUTION
52
23.MISCELLANEOUS PROVISIONS
53
24.EFFECTIVE DATE
58
25.ACKNOWLEDGMENTS
58
26.ANTI-TERRORISM LAW
59
27.SIGNATURES
61
EXHIBITS AND SCHEDULES:
EXHIBIT 1: MEMORANDUM OF OPENING DATE62
EXHIBIT 2: PERSONAL GUARANTEE OF FRANCHISE AGREEMENT63
EXHIBIT 3: INVESTOR COVENANTS REGARDING CONFIDENTIALITY AND NON-COMPETITION66
EXHIBIT 4: AUTHORIZATION AGREEMENT FOR PREARRANGED PAYMENTS (ACH)70
EXHIBIT 5: ADVERTISING ASSOCIATION DOCUMENTS71
EXHIBIT 6: EL POLLO LOCO® FINANCIAL REPORTING FORM
92
EXHIBIT 7: IT SUPPORT SERVICES AGREEMENT93
EXHIBIT 8: GENERAL RELEASE106
EXHIBIT 9: CONSENT TO AND ASSIGNMENT OF FRANCHISE RIGHTS108
EXHIBIT 10: AMENDMENT TO FRANCHISE AGREEMENT TO APPLY DEVELOPMENT FEE118
EXHIBIT 11: AMENDMENT TO SUCCESSOR FRANCHISE AGREEMENT120
EXHIBIT 12: REMODEL SCHEDULE PARTICIPATION AGREEMENT123
EL POLLO LOCO® FRANCHISE AGREEMENT SCHEDULE 1: PROTECTED AREA
127
EL POLLO LOCO® FRANCHISE AGREEMENT SCHEDULE 2: STATEMENT OF OWNERSHIP OF
FRANCHISEE
128
EL POLLO LOCO® FRANCHISE AGREEMENT
This Franchise Agreement ("Agreement"), dated for identification purposes only
as of ____, 20__, is made and entered into by and between EL POLLO LOCO, INC., a
Delaware corporation (the "Franchisor"), and , an individual ("Franchisee").
A.Franchisor operates and franchises others to operate a number of retail
outlets for the sale of fire-grilled food items and related products, in
connection with the "El Pollo Loco" name and Franchisor's distinctive plan of
food service operation.
B.Franchisee desires to operate a restaurant under Franchisor's name and to
utilize Franchisor's plan of food service operation, all in accordance with the
terms, covenants and conditions of this Agreement.
C.Franchisee understands that the success of the business contemplated by this
Agreement is subject to substantial risks and depends in large part on the
business ability of Franchisee and its active participation in the development
and management of the franchise business.
D.Franchisor and Franchisee (as Developer) entered into a Development Agreement
dated ________________ ("Development Agreement") for the Territory set forth on
Exhibit A of the Development Agreement, and for restaurants to be developed per
the Development Schedule set forth on Exhibit B of the Development Agreement.
Exhibit D of Multi-State Disclosure Document Control No. 032619
Franchise Agreement - Page 1 of 1
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1.
SCOPE AND PURPOSE OF AGREEMENT
1.1.
Franchisee desires and agrees to operate and manage an "El Pollo Loco"
(or "EPL") restaurant to be located at ____________________________ City of ,
County of ___________, State of (the "Location"). Franchisor owns