What must each party do to effectuate the purposes of the Advanced Mobile Iv And Amiv agreement?
Advanced_Mobile_Iv_And_Amiv Franchise · 2023 FDDAnswer from 2023 FDD Document
THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties agree as follows:
1 GRANT OF FRANCHISE AND FRANCHISE TERRITORY
1.1 Grant of Franchise and Franchise Territory. Franchisor grants to Franchisee, and Franchisee accepts from Franchisor, the franchise, license, and privilege to use the Marks and Licensed Methods for 5 years from the Effective Date (the "Term") in connection with the establishment and operation of a Mobile IV Business (the "Franchise"), within a territory described below. Franchisee agrees to use the Marks and Licensed Methods, as they may be changed, improved, and further developed by Franchisor from time to time, only in accordance with the terms and conditions of this Agreement. The term "Franchise" shall include the entire enterprise that Franchisee is authorized to conduct under this Agreement.
2 – ADVANCED MOBILE IV FRANCHISE AGREEMENT
- 1.2 Scope of Franchise Operations. Franchisee agrees at all times to faithfully, honestly and diligently perform the Franchisee's obligations under this Agreement, and to continuously exert best efforts to promote the Franchise. Franchisee agrees to utilize the Marks and Licensed Methods to operate all aspects of the Franchise in accordance with the Licensed Methods. Franchisee shall offer only such products and services as Franchisor shall designate and shall be restricted from manufacturing, offering or selling any products and services not previously approved by Franchisor in writing. Franchisee must utilize the Marks and must feature products and services approved by Franchisor in writing.
- 1.3 Performance Benchmarks. Franchisee shall dedicate the necessary time and attention necessary to reach the minimum performance benchmarks outlined in Schedule 4 attached to this Agreement (the "Performance Benchmarks"). Failure to reach the level of sales or performance in a given time period as stated in the Performance Benchmarks shall be good cause for Franchisor, in its sole discretion, to terminate this Agreement or to reduce the size or scope of protection of the Franchise Territory.
You shall purchase all products, services, supplies and materials required for the operation of the Franchise from manufacturers, suppliers or distributors designated by us. You must purchase nurse kits, simulator equipment, and inventory items such as needles, water and saline bags, and various IVs and related products, and items that bear the Marks from us, our affiliates, or suppliers we direct and approve from time to time. Proprietary items and supplies may be private labeled by us or our affiliates. We or our affiliates retain the right to make a reasonable profit on any items, supplies and materials you buy from us or our affiliates. You must use us, our affiliate, or a designated vendor for website and social media advertising, scheduling system, and payment processor.
The parties have negotiated regarding a forum in which to resolve any disputes arising between them and have agreed to select a forum in order to promote stability in their relationship. Therefore, if a claim is asserted in any legal proceeding involving you (or your current or former officers, directors, shareholders, members, partners or other owners) and us (or our current or former officers, directors, shareholders, members, partners or other owners), the parties agree that all issues or disagreements between them will be mediated, arbitrated, tried, heard, and decided in the county in which our headquarters is then located (currently Washington county, Utah), which you agree is the most convenient venue for these purposes. You acknowledge and agree that this location for venue is reasonable and the most beneficial to the needs of and best meets the interest of, all of the members of the Advanced Mobile IV franchise system.
You recognize the unique value and secondary meaning attached to the Licensed Methods, the Marks and our standards of operation and trade practices. You agree that any noncompliance with the terms of this Agreement or any unauthorized or improper use of the Licensed Methods or the Marks will cause irreparable damage to us and our franchisees. You agree that if you engage in any unauthorized or improper use, during or after the period of this Agreement, we will be entitled to both permanent and temporary injunctive relief from any court of competent jurisdiction in addition to any other remedies prescribed by law.
Our and your rights under this Agreement are cumulative, and the exercise or enforcement of any right or remedy under this Agreement will not preclude exercise or enforcement of any other right or remedy which a party to this Agreement is entitled by law to enforce.
Source: Item 23 — RECEIPTS (FDD pages 54–202)
What This Means (2023 FDD)
According to Advanced Mobile Iv And Amiv's 2023 Franchise Disclosure Document, the agreement outlines specific responsibilities for both the franchisor and the franchisee to ensure the successful operation of the franchise. Advanced Mobile Iv And Amiv grants the franchisee a franchise, license, and privilege to use its Marks and Licensed Methods for a term of 5 years. The franchisee, in turn, accepts this grant and agrees to operate a Mobile IV Business within a defined territory. The franchisee must use the Marks and Licensed Methods as updated by Advanced Mobile Iv And Amiv and adhere to the terms and conditions of the agreement. This includes dedicating the necessary time and attention to meet minimum performance benchmarks.
The franchisee is obligated to faithfully, honestly, and diligently perform their duties under the agreement, continuously striving to promote the franchise. This involves using the Marks and Licensed Methods to operate all aspects of the franchise. The franchisee is restricted to offering only products and services approved by Advanced Mobile Iv And Amiv in writing and must feature these approved products and services. Furthermore, the franchisee must dedicate the necessary time and attention to meet the minimum performance benchmarks outlined in Schedule 4 of the agreement. Failure to meet these benchmarks may result in termination of the agreement or reduction in the franchise territory's size.
Advanced Mobile Iv And Amiv also specifies that the franchisee must purchase all initial inventory and additional items from designated manufacturers, suppliers, or distributors. Specifically, the franchisee must purchase nurse kits, simulator equipment, and inventory items such as needles, water and saline bags, various IVs and related products, and items that bear the Marks from Advanced Mobile Iv And Amiv, its affiliates, or approved suppliers. Advanced Mobile Iv And Amiv or its affiliates retain the right to make a reasonable profit on these items. The franchisee is also required to use Advanced Mobile Iv And Amiv, its affiliate, or a designated vendor for website and social media advertising, scheduling system, and payment processor. These requirements ensure consistency and quality across all Advanced Mobile Iv And Amiv franchises.
Both parties agree to a specific forum for resolving disputes, selecting the county in which Advanced Mobile Iv And Amiv's headquarters is located (Washington County, Utah) as the venue for mediation, arbitration, or legal proceedings. This agreement aims to promote stability in their relationship. The franchisee acknowledges the unique value of the Licensed Methods, Marks, and Advanced Mobile Iv And Amiv's standards of operation, agreeing that any unauthorized use will cause irreparable damage. In such cases, Advanced Mobile Iv And Amiv is entitled to injunctive relief and other legal remedies. The rights of both parties under the agreement are cumulative, and exercising one right does not preclude enforcing any other right.