Who would have guessed that a mere convenience store would be so successful that it can be found in almost every corner of a town, it all started during October 26, when Philippine Seven Corporation finally acquired the license agreement to use the 7-Eleven Convenience Store System from its original owner Southland Corporation of Dallas, Texas. Finally, being incorporated by Jose T. Paterno and Francisco R. Sibal they were able to register with SEC on November 29, in just a month.
Statement of Intent and Definitions. The customer expects a similar shopping experience at a franchised business, regardless of its location or operator. By signing this Agreement, you acknowledge the importance of these concepts, and agree to participate in the 7-Eleven System, which promotes a uniform method of operating a convenience store.
Those changes to the 7-Eleven System may include changes in operating standards, products, programs, services, methods, forms, policies and procedures; changes in the design and appearance of the building, signage and equipment; and changes to the Service Mark and Related Trademarks.
We also agree to contribute to the value of the 7-Eleven Service Mark and brand by fulfilling those duties and tasks assigned to us in this Agreement as our responsibility within the 7-Eleven System. You understand that an investment in the Store involves business risks and that your business abilities and efforts are vital to the success of the Store.
You agree that the terms of this Agreement are acceptable to you, and are material and reasonable. The captions used in the paragraphs and subparagraphs of this Agreement are inserted only for purpose of reference.
These captions will not govern, limit, modify or in any other manner affect the scope, meaning or intent of the provisions of this Agreement or any part thereof, nor will they otherwise be given any legal effect. Initially capitalized terms used in this Agreement are defined in Exhibit E or in one of the other Exhibits to this Agreement.
You and your agents and employees may not: Without in any way limiting the preceding statements, we do not exercise any discretion or control over your employment policies or employment decisions.
All employees of the Store are solely your employees and you will control the manner and means of the operation of the Store. No actions you, your agents or employees take will be attributable to us or be considered to be actions obligating us.
Franchise Fee and Down Payment. Except as provided in Paragraphs 4 and 6 with respect to the Down Payment and Paragraphs 4, 6, 26, and 27 with respect to the Franchise Fee, the Down Payment and the Franchise Fee will be deemed fully earned and nonrefundable when paid in consideration of the administrative and other expenses we have incurred in granting the franchise.
Prior to the Effective Date, you agree to be certified by us as having satisfactorily completed the initial training program for operating a franchised 7-Eleven Store. You become certified in the following manner. If you are one 1 individual, then you will be the trainee, and you may designate up to one 1 additional individual that we approve to be an additional trainee.
If you are two 2 individuals, then those two 2 individuals will be the trainees. If you become certified, you agree to pay for all expenses related to initial training, excluding lodging costs if we require you to travel for initial training and lodging is necessaryif any, and our costs of providing the initial training.
If any of your trainees fail to become certified by us as having satisfactorily completed the initial training program, you agree to be responsible for all expenses related to the initial training, including lodging, but excluding our costs of providing the initial training.
At any time before the Effective Date, if any of your trainees do not show an understanding of the training, are not satisfactory to us in any respect, or are otherwise not progressing in the initial training program in a manner satisfactory to us, we may stop providing initial training to such trainee s or refuse to certify, or revoke the certification of, any such trainee s.
If we discontinue initial training, do not certify, or revoke the certification of any trainee, then: If you incur any expenses in attempting to obtain a 7-Eleven Store franchise or if you rely in any other way on obtaining a franchise from us including incurring out-of-pocket expenses other than those for which we may reimburse you under this Paragraph 4then you agree that you will have done so solely at your own risk, based on your own judgment and not in reliance upon any statements or representations from us or our agents or representatives.
We agree to offer additional training that we deem necessary based on changes in the 7-Eleven System. You agree to be responsible for all expenses, including the costs of travel, lodging, meals and wages, incurred by your trainees and other personnel in connection with any additional training program.
You agree to at all times keep your Store employees adequately trained in the operation of the 7-Eleven Store so that your employees can provide superior customer service and properly carry out the operations of the Store in accordance with the 7-Eleven System and this Agreement.
The On-Line Systems Support Guide provides information regarding, among other things, training and Store operations and accounting procedures.
We may provide assistance and information to you through methods other than the On-Line Systems Support Guide. The On-Line Systems Support Guide does not create any additional obligations on you not otherwise provided for in this Agreement including any amendment to this Agreement.
Ownership of 7-Eleven System; Confidentiality; Noncompetition. You acknowledge that we are and will remain the sole owner of all rights in and to the 7-Eleven System, the On-Line Systems Support Guide, any information, manuals, materials, and any other confidential communications whether in electronic or other form provided to you concerning the operation of a 7-Eleven Store or related to the 7-Eleven System, and that you are acquiring no property interest in or other right to them, other than a license to use them during the Term of this Agreement.
You agree to at all times treat the On-Line Systems Support Guide and any other manuals, materials, confidential communications, and the information contained therein, as confidential and must maintain such information as secret and confidential in accordance with Paragraph 5 b.
During the Term of this Agreement and thereafter, you agree: Except as we may expressly permit in writing, you agree not to at any time download, print, transmit via e-mail or any other means, copy, duplicate, record, or otherwise reproduce the Confidential Information, in whole or in part, or otherwise make the Confidential Information available to any unauthorized person.
The agreement in this Paragraph 5 b will survive the expiration, termination or transfer of this Agreement or any interest herein and will be perpetually binding upon you.
At our request, you agree to obtain execution of agreements similar to those set forth in this Paragraph 5 b from your employees, agents, independent contractors, and any other of your personnel who have received or will have access to the Confidential Information.Shell Franchise Opportunity and Cost.
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