Terms and Conditions
Introduction
1.1 These terms and conditions (the “Agreement”) set forth the terms and conditions under which Furlough Group LLC (“Furlough”) grants the right to use the Furlough brand name, trademarks, and other proprietary information (the “Furlough Marks”) and to operate a business using the Furlough business model (the “Furlough Franchise Model”) as a Furlough franchisee (the “Franchisee”).
Grant of Franchise
1.2 The rights granted to the Franchisee to operate a business using the Furlough Franchise Model and use the Furlough Marks are contingent upon compliance with the terms and conditions outlined in this Agreement.
The Franchise Model
2.1 The Franchise Model is a business opportunity that allows you to operate a business using the Furlough Brand and certain proprietary methods and techniques developed by Furlough (the “Franchise System”).
2.2 As a Franchisee, you will be granted the right to use the Furlough Brand and the Franchise System in accordance with the terms of this Agreement.
2.3 You will be responsible for the development, management and operation of your franchise business.
Commission Structure
3.1 Commission structure is tiered based on franchisee revenues:
When franchisee revenues are under 50K, Furlough will charge 15% commission
When franchisee revenues are over 50K, Furlough will charge 15% commission
Quality Control
4.1 The Franchisee shall operate the Furlough Franchise Model in accordance with Furlough’s standards and specifications. Furlough shall have the right to inspect the Furlough Franchise Model at any time to ensure compliance with Furlough’s standards and specifications.4.1
Termination
5.1 Furlough may terminate this Agreement at any time by providing written notice to you.
Governing Law
6.1 This Agreement shall be governed by the laws of the state of New York, without giving effect to any principles of conflicts of law.
Entire Agreement
7.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties.
Waiver
8.1 No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Severability
9.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Assignment
10.1 You may not assign your rights or delegate your obligations under this Agreement without the prior written consent of Furlough.
Survival
11.1 All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Independent Contractor
12.1 You and Furlough are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.