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Except as listed below, we are not required nood
not to provide vou with any assistance to you. Pre-Qpeninq
Obligations
Before you open your
franchise, we will:
1) We wiii designate your
franchise territory. It will be described using political and geographic
boundaries. (Franchise Agreement, Section 1.1).
2) Approve or disapprove a
site for your franchise location. You must operate your franchise from an office
location approved by us. We will analyze your market area, to help determine
site feasibility and to help in selection of your franchise office location.
In analyzing a proposed site, we examine its general location, traffic patterns,
parking, size, physical characteristics, proximity to competing businesses,
lease terms, sign visibility, area economic and social profile, population
density and accessibility. The exact determination of the location for the
franchise premises will depend upon our approval and your and our market
analysis, market penetration plans and franchise placement strategies and
prior franchise commitments. You must obtain our prior written approval for
the site of the franchise premises and your lease related to it. Our response
to your request for approval of a site will be given within 30 days after we
receive your written request.
If you and we cannot agree on
a site for your franchise premises, we may terminate the Franchise Agreement
by refunding to you the Initial Franchise.
We bear no liability for any
consequences of any franchise territory or office site you chose. We do not guarantee
success for any location you select. We will not be liable for any
consequences of your choice of any franchise site. Any site recommendation or
approval we make is not a representation that any particular site is
available or legally appropriate for use as a franchise site. It is your
responsibility to investigate the demographics and all applicable zoning,
licensing, leasing and other requirements for any proposed site. You must
ensure that the site you select complies with these requirements. You will
pay all out of pocket expenses for travel, meals, and lodging we incur to
help you locate sites and to negotiate a lease for you. You will bear all
other site selection and negotiation expenses.
3) Approve or disapprove your
franchise location site-plan. We will furnish to you a schedule of interior
finishes and equipment packages for the franchise office premises. All costs
for site-specific plans will be your responsibility. Site plans, and any
modifications to them, must be approved in writing by us before construction.
All approvals will be solely within our discretion to maintain a uniform
image and decor, consistent with TAX CENTERS OF AMERICA franchise system concepts.
(Franchise Agreement, Sections 1.4 and 5.1).
4) We will provide a comprehensive
Operations Manual with TAX CENTERS OF AMERICA specifications, standards,
operating procedures, accounting and bookkeeping methods'' marketing ideas,
customer service requirements, inventory requirements and control techniques,
plans and specifications, fixture and decor requirements, co-branding
requirements, opening public relations and other rules that we may prescribe
and identify as part of the Operations Manual. (Franchise Agreement, Section
5.1).
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