Sample Franchise Agreement Article 1 Introduction 1.1 The SYSTEM. SHOPPE COMPANY has through the investment of considerable time and money developed a unique and distinctive system of high quality ice cream shops (the. "SYSTEM") operated in association with the MARKS prominently featuring the sale of HAAGEN-DAZS® PRODUCTS and menu items prepared with HAAGEN-DAZS® PRODUCTS. The SYSTEM includes proprietary and distinctive products, product specifications, ingredients, menu items, recipes, techniques, training methods, production methods, operating methods, designs and decor, uniform apparel, color schemes, furnishings, marketing materials, promotional strategies, and customer service requirements (the "SYSTEM STANDARDS"), all of which may be modified from time to time by SHOPPE COMPANY, and which are directed toward promoting HAAGEN-DAZS® PRODUCTS in a manner that will enhance the good will associated with the MARKS and the SYSTEM. 1.2 FRANCHISEE'S Desire to be Part of the SYSTEM. FRANCHISEE desires to be part of the SYSTEM and to establish, own and operate a HAAGEN-DAZS® SHOP at the SHOP PREMISES, subject to and in accordance with all of the terms and conditions of this AGREEMENT, and in adherence and conformity to the SYSTEM STANDARDS. 1.3 SHOPPE COMPANY'S Desire to Grant FRANCHISE. SHOPPE COMPANY desires to grant FRANCHISEE a franchise to establish and operate a HAAGEN-DAZS® SHOP at the SHOP PREMISES, subject to the terms and conditions of this AGREEMENT, and conditioned upon FRANCHISEE'S continual adherence and conformity to the SYSTEM STANDARDS. 1.4 Agreement of the Parties. Consistent with these introductory Sections, and in consideration of the mutual promises and covenants contained in this AGREEMENT, SHOPPE COMPANY and FRANCHISEE agree to be bound by the terms of this AGREEMENT. Article 2 Certain Definitions For the purposes of this AGREEMENT, the following terms shall have the following meanings: 2.1 HAAGEN-DAZS® PRODUCTS. "HAAGEN-DAZS® PRODUCTS" means Haagen-Dazs® brand ice cream, sorbet, frozen yogurt, other frozen dessert products and other food items, manufactured under a license from the owner of the MARKS, for distribution and sale in association with the MARKS, as modified, added to, or deleted from time to time by SHOPPE COMPANY.
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