Business New Store Document

BUSINESS NEW STORE AGREEMENT

This Business New Store Agreement ("Agreement") is made effective as of between Company: , having principal address , and Store Operator: , with address .

WHEREAS

WHEREAS, Company is engaged in the business of developing and operating retail locations under its trade name and proprietary systems and has agreed to permit Operator to open and operate a new store pursuant to the terms of this Agreement; and

WHEREAS, Operator desires to open, operate and manage a new retail store at the location identified as (the "Store") and agrees to comply with Company standards, specifications and operational requirements described in this Agreement.

WHEREAS, the parties wish to set forth their respective obligations regarding the Store opening, initial setup, training, payments, and ongoing compliance in a single integrated agreement.

PARTIES AND CONTACT INFORMATION

Corporation LLC Partnership Individual

SCOPE OF WORK

Company shall provide to Operator, and Operator shall accept, the goods, services and assistance described below to prepare the Store for opening. The scope includes but is not limited to: site evaluation, store design specifications, equipment list, initial inventory recommendations, staff training, pre-opening marketing materials, and operational policy manuals.

Expected Store Opening Date:

PAYMENT TERMS

Payments shall be made in U.S. dollars to Company in accordance with the schedule above. All payments not received within days after the due date shall incur a late fee equal to the greater of % per month or $ .

If Operator disputes any invoice, Operator must notify Company in writing within days of receipt and pay undisputed amounts when due. A dispute does not relieve Operator of payment obligations for undisputed amounts.

TERM AND TERMINATION

Term Commencement Date: . Term Expiration Date: .

Either party may terminate this Agreement for convenience upon giving the other party no less than days' prior written notice. Either party may terminate for material breach if the breaching party fails to cure such breach within days after receipt of written notice specifying the breach.

Upon termination or expiration, Operator shall promptly cease use of Company proprietary materials, return Company property, and remit any outstanding payments. Termination shall not relieve either party of liabilities accrued prior to termination.

CONFIDENTIALITY

For the purposes of this Agreement, "Confidential Information" includes, without limitation, trade secrets, formulas, business plans, pricing, customer lists, proprietary procedures and any non-public information disclosed by one party (the "Disclosing Party") to the other (the "Receiving Party") in connection with the Store opening and operations. The Receiving Party shall not use or disclose Confidential Information except as necessary to perform its obligations under this Agreement and shall protect such information with at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.

Notwithstanding the foregoing, Confidential Information shall not include information that (a) is or becomes generally available to the public through no fault of the Receiving Party; (b) was rightfully in the Receiving Party's possession prior to disclosure; (c) is received from a third party without restriction; or (d) is independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information. Upon termination or upon the Disclosing Party's request, the Receiving Party shall return or destroy Confidential Information and certify such return or destruction in writing.

COMPLIANCE, PERMITS AND INSURANCE

Operator shall obtain and maintain all permits, licenses and approvals required by governmental authorities for the operation of the Store and shall comply with all applicable laws and regulations. Operator shall maintain commercial general liability insurance, naming Company as additional insured where required by Company policy, and shall provide evidence of such insurance upon request.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflicts of law principles. The parties agree to negotiate in good faith to resolve any dispute arising under this Agreement. If the parties cannot resolve a dispute by negotiation within 30 days, the parties agree to submit the dispute to binding arbitration in the governing state, except where injunctive or other equitable relief is sought.

ENTIRE AGREEMENT; AMENDMENT

This Agreement, including all schedules and attachments executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. No amendment or modification of this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.

MISCELLANEOUS PROVISIONS

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party, except that Company may assign to an affiliate or successor by operation of law.

Sign Now