What qualification and training requirements must Browns Chicken franchisees comply with?

y pursue a new location and open a new Store, Franchisee shall be liable to Brown for Brown's lost royalties and other damages for the remainder of the franchise term.

7. TRAINING.

A. Training of Franchisee.

Prior to the opening of the Store, Brown shall furnish, and Franchisee (or if Franchisee is a corporation or partnership, a shareholder or partner designated by Franchisee), one co-manager, and one part-time manager shall attend and complete to Brown's satisfaction, a mandatory training program consisting of classroom and "on-the-job" instruction in the operation of a BROWN'S Store, furnished at such time and place as Brown may designate. If Brown reasonably determines that Franchisee is unable to satisfactorily complete the training program, Brown shall have the right to terminate this Agreement, effective upon delivery of written notice of termination to Franchisee. If this Agreement is so terminated by Brown, then upon execution by Franchisee and delivery to Brown of all assignments, releases, waivers, and other documents required to fully rescind any and all agreements, purchases and leases between Brown and Franchisee, Brown shall refund to Franchisee all sums paid by Franchisee to Brown pursuant to this Agreement, less expenses incurred by Brown in connection with the grant of the Franchise to Franchisee and the training of Franchisee and Franchisee's designees.

Franchisee may enroll additional employees in the training program and will be charged an amount determined by Brown for training such additional employees. Franchisee shall be responsible for any salary and travel, living and other expenses incurred in connection with attendance at Brown's training programs by Franchisee and its employees.

B. Hiring And Training of Employees by Franchisee.

Franchisee shall hire all employees of the Store, be exclusively responsible for the terms of their employment and compensation, and implement a training program for employees of the Store in accordance with training standards and procedures prescribed by Brown from time to time. Franchisee agrees to maintain, at all times during the term of the Franchise, a staff of trained employees sufficient to operate the Store in accordance with this Agreement. Franchisee shall have on staff at least two (2) full-time managers and one (1) part-time manager. Franchisee agrees not to employ any person who is required to complete a training program but who fails or refuses to do so. Franchisee shall require all employees to maintain a neat and clean appearance and to conform to the standards of dress and/or uniforms specified by Brown from time to time for BROWN'S Stores.

Franchisee shall notify and communicate clearly with its employees in all dealings, including without limitation, its employment applications, written and electronic correspondence, paychecks, employee handbooks, employment policies and procedures, other materials, that Franchisee (and only Franchisee) is their employer and that Brown (the Franchisor) is not their employer. Franchisee must, on all employment applications Franchisee gives out to employee applicants, have printed on said applications: "You are applying for a job to work for an independently owned Franchisee and not for the Franchisor."

8. STORE OPENING.

Franchisee agrees to open the Store for business and begin operating the Store within fifteen (15) days after the later of (a) Brown's determination that the Store is in suitable condition therefor, and (b) completion of the initial training of Franchisee. Further, Franchisee agrees that the Store shall begin operations under this Agreement not later than three hundred (300) days of the date of this Agreement, and that Franchisee's failure to open the Store by such time shall be a material default and cause for termination of this Agreement by Brown.

9. GUIDANCE AND OPERATING ASSISTANCE.

A. Guidance.

Brown shall furnish to Franchisee such operating assistance in connection with the operation of the Store as may be reasonably required by Franchisee from time to time. Operating assistance will consist of advice and guidance with respect to:

• (1) methods for the preparation, packaging, sale and delivery of food and other products authorized for sale by the Store;

• (2) specifications, standards, methods and operating procedures utilized by BROWN'S Stores;

• (3) additional food and beverage products and services authorized for sale by BROWN'S Stores;

• (4) purchasing approved equipment, furniture, furnishings, and signs;

• (5) selection, purchasing and preparation of food products, beverages and other approved products, materials and supplies:

  • (6) developing and implementing advertising and promotional programs;

• (7) the establishment and operation of administrative, bookkeeping, accounting, inventory control, sale and general operating and management procedures for a BROWN'S Store; and

• (8) hiring employees and establishing and conducting employee training programs.

Such guidance shall, in the discretion of Brown, be furnished in the form of Brown's Operating Manual (as described in Paragraph B of this Section 9), bulletins, written reports and recommendations, other written materials and/or telephonic consultations or consultations at the offices of Brown or at the Store. In addition, training videos and the Purchasing News will be available at the Brown's Communication Portal available on the internet. If requested by Franchisee, Brown will furnish additional guidance and assistance concerning the operation of the STORE at per diem fees and charges established from time to time by Brown. If special training of Store employees is requested by Franchisee, and must take place at the Store, all expenses for such training, including a per diem charge and travel and living expenses for Brown's personnel, shall be paid by Franchisee.

**B.

Source: Item 22 — Contracts (FDD page 43)