What are the 'Methods of Operation' for an All County franchise?

• "Manual" or "Operations Manual" means our confidential ALL COUNTY® Operations Manual which contains the required policies and procedures for the operation of the Franchised Business, and includes all specifications contained in the "Information Library" on our intranet site, or such substitute database as we may use, and all supplemental bulletins, memoranda, revisions and replacements.

• "Methods of Operation" means the mandatory and suggested specifications, standards, operating procedures and rules that we prescribe for the operation of the Franchised Business.

13. GENERAL GUIDANCE.

• 13.1. Once you commence operation of the Business you will be required to submit to us reports, records and other financial statements regarding the performance of the Business. Also, we may conduct on-site inspections. Based on the information that we receive and review we may provide you with further direction and guidance by providing you with additional written materials, telephone consultations, or training. General guidance as to the operation of the Business will be found primarily in the Operations Manual or given to you through other written materials or bulletins from us. Guidance may be provided to you in any of the following ways:

  • 13.1.1. Telephone and Internet e-mail consultation during such times as are outlined in the Operations Manual;
  • 13.1.2. Buying advisory services whereby we may provide you with lists of sources and approved suppliers for our products, merchandise, accessories, services, fixtures, furnishings, equipment, signs, etc.;
  • 13.1.3. Wholesaling services whereby we may ourselves act as an approved or designated source for products, merchandise, accessories, fixtures, furnishings, equipment, signs, etc.;
  • 13.1.4. Ongoing marketing programs to fulfill our obligations of this Agreement;
  • 13.1.5. Newsletter services whereby we may inform you periodically about the current events in the ALL COUNTY® franchise program;
  • 13.1.6. Meetings, whereby we may convene with you and other ALL COUNTY® franchisees for business or social purposes;

• 13.1.7. Research and development regarding Methods of Operation; and/or

• 13.1.8. At your request, we will furnish additional guidance and assistance and, in such a case, may charge the per diem fees and charges we establish from time to time. If you request, or if we require, additional or special training for your employees, all of the expenses that we incur in connection with such training, including per diem charges and travel and living expenses for our personnel, will be your responsibility.

7.1. Your Territory. The geographical location where you may operate the Business is referred to as your "Territory" and is described in Appendix B attached to this Agreement. Your Location must be located within your designated Territory. You acknowledge and agree that you have exclusivity in your Territory only in the respects that no other ALL COUNTY® business office will be physically located in your Territory and that no other ALL COUNTY® business shall be authorized to conduct grass-roots marketing efforts in your Territory, defined as conducting direct mail campaigns or physically visiting real estate offices or other businesses in your Territory for the purposes of soliciting referrals. You acknowledge and agree that under our Methods of Operation, we may restrict you, in our sole business judgment, from advertising or marketing the services of your Franchised Business through any medium that is distributed or directed outside the Territory of your Franchised Business. You acknowledge and agree that, under our Methods of Operation, we or any other franchisee may provide authorized services to customer accounts located inside your Territory, and you will be entitled to no compensation in connection with these services. You acknowledge and agree that you, we, or any other franchisee may provide authorized services to customer accounts located outside your Territory, except that you may not provide services to any customer account located more than 50 miles from the Location, without our prior written permission.

• 7.5. National Accounts. You acknowledge that from time to time we may enter into agreements with certain regional or national businesses ("National Accounts") to provide services to customers at certain National Account locations which may include National Account locations within your Territory. We shall identify and designate any such National Accounts in our Operations Manual, and you acknowledge and agree that from time to time during the Term of the Agreement we may add or remove National Accounts, in our sole business judgment.

Source: Item 23 — Receipts (FDD pages 43–157)