Restaurant Market Burger Study

RESTAURANT MARKET BURGER STUDY

Parties and Effective Date

Client Name:

Consultant Name:

Effective Date:

Recitals

WHEREAS, Client operates a restaurant or restaurants and desires an objective market study of burger product positioning, pricing and consumer preferences for the purpose of improving menu performance and competitive positioning; and

WHEREAS, Consultant is engaged in the business of market research, analysis and product concept testing and represents that Consultant has the expertise and resources to perform the Restaurant Market Burger Study described in this Agreement; and

WHEREAS, Client and Consultant desire to set forth the terms under which Consultant will perform the Study and deliver the resulting analyses and recommendations to Client.

Scope of Work

Consultant shall perform primary and secondary research, including but not limited to competitor menu analysis, price mapping, consumer intercepts or surveys, sensory testing and sales opportunity modeling as described above. Consultant will prepare a written report and a slide presentation summarizing methodology, findings, actionable recommendations and an executive summary suitable for senior management.

Deliverables and Schedule

Final Report Delivery Date:

Interim Status Updates: Consultant will provide interim written status updates on or before the following dates:

Payment Terms

Total Fee (USD):

Payments shall be due within days of invoice. Late payments shall bear interest at or the maximum permitted by applicable law, whichever is lower.

Expenses

Client will reimburse reasonable, pre‑approved out‑of‑pocket expenses incurred by Consultant in the performance of the Study, including travel, panel fees and third‑party data purchases. Consultant shall obtain prior written approval for any single expense in excess of .

Confidentiality

Each party shall hold in confidence and not disclose the other party's Confidential Information. "Confidential Information" includes non‑public business information, menu recipes disclosed in confidence, raw consumer responses, proprietary analysis and pricing data, but excludes information that is or becomes publicly available other than through breach of this Agreement, or is independently developed by the receiving party. Consultant shall not disclose individual consumer responses in identifiable form without Client's prior written consent.

Consultant may disclose Confidential Information to employees and contractors on a need‑to‑know basis provided such persons are bound by confidentiality obligations at least as protective as those set forth herein. Obligations of confidentiality survive termination for a period of three (3) years, except that trade secrets remain protected for as long as they qualify as trade secrets under applicable law.

Data Ownership and Intellectual Property

Consultant grants Client a non‑exclusive, perpetual license to use and reproduce the final aggregated report and recommendations for Client's internal business purposes. Raw data and respondent‑level datasets collected by Consultant remain the property of Consultant unless otherwise agreed in writing; Client may request delivery of anonymized aggregated datasets upon final payment. Consultant retains all rights in methodologies and proprietary tools used to generate the Study results.

Term and Termination

Term: This Agreement commences on the Effective Date and continues until completion of the Study or until terminated as provided below. Start Date: . End Date:

Either party may terminate this Agreement for convenience upon days' prior written notice. Either party may terminate immediately for material breach if the breach remains uncured for thirty (30) days after written notice. Upon termination, Client shall pay Consultant for work performed and documented expenses incurred through the effective date of termination.

Indemnity and Limitation of Liability

Each party shall indemnify and hold harmless the other party from third‑party claims arising from its gross negligence or willful misconduct in connection with this Agreement. Except for liability for willful misconduct or obligations of confidentiality, in no event shall either party be liable for indirect, incidental, special or consequential damages. Consultant's aggregate liability for any claim arising out of or relating to this Agreement shall not exceed the total fees paid by Client to Consultant under this Agreement.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state specified by Client and Consultant below, without regard to conflict of law principles. Choice of forum for disputes shall be the state or federal courts located in the agreed jurisdiction.

Entire Agreement; Amendments

This Agreement, including all attachments and incorporated statements of work, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior proposals, negotiations and discussions. Any amendment or modification must be in writing and signed by authorized representatives of both parties.

Miscellaneous

Relationship of Parties: The parties are independent contractors; nothing in this Agreement creates an employer‑employee, partnership or joint venture relationship. Assignment: Neither party may assign this Agreement without the prior written consent of the other, except that either party may assign to a successor in interest in connection with a merger or sale of substantially all assets.

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