ment to Us prior to such Key Employee beginning employment, providing services or participating in Our Initial Training Program and/or prior to Your disclosing Our Confidential Information to such Key Employee.

13. FRANCHISOR TRAINING PROGRAM

• (a) The following persons shall satisfy all of the conditions established by Us for admission to, and graduation from, Our Initial Training Program, which consists of remote training and onsite training in Massachusetts or at such other location as We designate, and shall attend and satisfactorily complete any additional training programs that may be established by Us in the future:
  • (i) You, if Franchisee is an individual;
  • (ii) Your Operating Principal, if You are owned by a group of individuals or a corporation, limited liability company, partnership, unincorporated association or similar entity; and
  • (iii) Key Employees, as defined in Section 12 who, at any time during the term of this Agreement, is actively involved in the management or the operation of the Franchised Business including general managers, technicians and salespersons.

Any person or persons so designated to attend the training program will be identified in Addendum B to this Agreement, and become subject to the terms and conditions of this Agreement, if

appropriate. Each such person shall complete Our Initial Training Program to Our satisfaction. Upon the failure of any such person to do so, We reserve the right to extend the training program. Satisfactory completion of all mandatory training sessions is required. Failure to do so shall result in a breach of this Agreement. We will provide the Initial Training Program in two (2) parts: a Pre-Training Program conducted via telephone, Webinar and Our Intranet, followed by the "Cinch University" Training Program with a curriculum containing three (3) distinct modules: sales training, technical training and franchise administration. The Cinch University on-site Initial Training Program will last for approximately two (2) weeks and will generally be scheduled so that it is completed just prior to the scheduled opening of the Franchised Business. You shall be responsible for the travel, hotel, meals and all such other costs and expenses of each person who attends the Initial Training Program.

• (b) You acknowledge that successful completion of the Initial Training Program will require that, among other things, each attendee be able to demonstrate that he/she can read, write, and converse in English.
• (c) We may, in Our sole discretion, in the event that more than two (2) people are trained for any single Franchised Business of Franchisee, require that You pay Us a Training Fee for each such additional persons. The amount of such Fee shall be Fifteen Thousand Dollars ($15,000.00) per person, per module, which shall be paid prior to the commencement of training. This Training Fee is subject to change with or without notice by Us.
• (d) We also maintain an on-site training and coaching program. If requested by You, and if personnel are available and We deem it appropriate, a member of Our staff will provide on-thejob training at the Franchised Business. We reserve the right to charge a fee for such training in the amount of One Hundred Dollars ($100.00) per hour plus travel and living expenses for the trainer, which shall be paid prior to the commencement of training. This Training Fee is subject to change with or without notice by Us. Any training media We develop will be made available to You at Our cost.

Source: Item 23 — RECEIPTS (FDD pages 60–269)