Is B Bops required to provide assistance to franchisees prior to opening a franchise?

Except as listed below, the Company is not required to provide you with any assistance.

Company's Preopening Obligations. The Company will provide to you the following services and/or assistance prior to the opening of the Franchise:

• 1. The Company will undertake such activities, including on-site reviews, as the Company deems necessary to determine the suitability of potential sites you have submitted for approval and will either accept or reject your proposal. (Section 2 of the Application Agreement and Section 8(A) of the Franchise Agreement) The Company will not purchase the premises and lease it to you.
• 1. The Company will provide you with construction plans and specifications from which you will be responsible for having site specific plans and specifications prepared for construction of the Franchise premises and for having the plans and specifications certified. You are required to bear all expenses associated with (i) transforming the Company's plans and specifications into site specific plans and specifications (ii) assuring that such plans and specifications comply with all local codes, regulations or ordinances applicable to construction of the Franchise premises and (iii) having the plans and specifications certified. The plans and specifications shall remain the confidential property of the Company at all times and must be returned to the Company after construction of the Franchise premises is completed. No modifications of the Company's plans and specifications can be made without the Company's prior consent and any such consent will be subject to the person making the modification executing and delivering to the Company an assignment of such person's rights in the modified plans and specifications. (Section 8(B) of the Franchise Agreement)
• 1. The Company will provide you (or your proposed manager) with a training course regarding the procedures and methods for management and operation of the Franchise. The course and all materials necessary to conduct such training will be provided at the expense of the Company for up to two (2) persons. The Company will undertake the training of additional persons for a fee agreed upon in advance. (Section 7 of the Franchise Agreement)
• 1. The Company will loan you its confidential Operations Manual describing the Licensed System and the standard operating procedures and policies to be used in connection therewith. The Operations Manual will at all times remain the exclusive and confidential property of the Company and must be returned to the Company immediately in the event the Franchise is for any reason terminated or expires. (Section 8(D) of the Franchise Agreement)
• 1. The Company will provide you with its specifications for the purchase of equipment and fixtures for the Franchise premises. You will be responsible for purchasing and installing these items in accordance with the Company's specifications. The Company will also provide you with its specifications for the

• purchase of food and beverage items and the names of its approved suppliers for employee uniforms and items bearing the "B-Bop's" logo. (Section 8(E) of the Franchise Agreement)
• 1. The Company will conduct a pre-opening inspection to confirm that the Franchise premises has been constructed in accordance with the site specific plans and specifications. (Section 5 of the Franchise Agreement)
• 1. The Company will, for a period of between three and five days prior to the opening of the Franchise, with the exact number of days determined by the Company, provide, at the Franchise premises, between one and four persons to assist the Franchisee in the preparation for the opening of the Franchise. You or your manager will be required to be present at the Franchise premises during the time the Company's people are at the Franchise premises providing the assistance. You will be required to reimburse the Company for the cost of round-trip airline tickets, if applicable, and for the hotel expenses for the Company's people providing the assistance. (Section 7 of the Franchise Agreement)

Company Obligations During Operations. During operation of the Franchise, the Company is required to provide you with the following supervision, assistance or services:

• 1. The Company will, for a period of between four and six days immediately following the opening of the Franchise, with the exact number of days determined by the Company, provide between one and four persons to assist the Franchisee in the operation of the Franchise following the opening. You or your manager will be required to be present at the Franchise premises during the time the Company's people are at the Franchise premises providing the assistance. You will be required to reimburse the Company for the cost of round-trip airline tickets, if applicable, and for the hotel expenses for the Company's people providing the assistance. (Section 7 of the Franchise Agreement)
  • 1. The Company will, during any period when it requires you and the other franchisees to pay all or part of the advertising fee, develop advertising, promotional and public relations campaigns to promote the B-Bop's Restaurant system. You are, however, responsible for paying the cost of implementing such advertising as part of the independent advertising expenditure requirement. The Company will not, however, be required to develop and provide advertising and promotional materials to you during any period in which the Company has elected to waive payment of the advertising fee in whole by you and the other franchisees. (Section 11(A) of the Franchise Agreement) Additional information concerning advertising is set forth below in this Item 11.

Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 25–33)