Baja Fresh

Item 11

The POS System must be configured so that we have independent and remote access to the information and data stored in it.

Franchise agreement

to submit to us, within ninety (90) days after the end of each calendar year, commencing on the Effective Date, in a format approved by us, a profit and loss statement and balance sheet (including a statement of retained earnings or partnership account) for the preceding calendar year;

Item 8

Neptune Equipment, an affiliate of franchisor, is currently one of the approved suppliers of certain equipment, interior and exterior signage menu boards, POS System and smallwares.

Franchise agreement

At any time and from time to time, we may in our sole option engage in new product rollouts to add to or change the menu items offered for sale in the Franchised Business and the ingredients or supplier of ingredients utilized in the preparation of the menu items sold in the Franchised Business (“Rollout”).

Item 8

During our last fiscal year, Neptune Equipment earned a total of $1,849,497 of the $47,054,607 from franchisee purchases.

Franchise agreement

You acknowledge Franchisor and/or its affiliates has the right to receive commissions, volume discounts, purchase discounts, performance payments, bonuses, rebates, marketing and advertising allowances, co-op advertising, administrative fees, enhancements, price discounts, economic benefits and/or other payments…

Item 8

A charge not to exceed the reasonable cost of the inspection and the actual cost of the test not to exceed $5,000 must be paid to us either by you or by the proposed supplier.

Item 8

All requests for approving new or alternative suppliers must be submitted in writing by you and/or the supplier to the purchasing department at Kahala Brands.

Franchise agreement

You acknowledge that between you and us, we have the sole right and interest in all telephone numbers and directory listings associated with any Proprietary Marks, and you authorize us and appoint us and any officer or agent of ours, as your attorney-in-fact, to direct the telephone company and all listings agencies…

Item 11

as a franchisee who accepts credit cards, you are required to be PCI compliant by following and adhering to PCI DSS

Item 11

We will continue our efforts to maintain high and uniform standards of quality, cleanliness, appearance and service at all restaurants in the System, including making periodic inspections and quality service checks of your restaurant

Item 11

We may modify the 54 Operations Manual as and when we desire, but no modification will materially alter your status and rights under the Franchise Agreement (See Exhibit E: Franchise Agreement—Section 4.5).

Item 12

The specific site of your Baja Fresh Restaurant is subject to our approval.

Item 11

You may not maintain a web site, software application, an App (application), social media account (including, but not limited to, an account, group or page on Facebook®, Flickr®, Foursquare®, Google+®, Instagram®, LinkedIn®, Pinterest®, Snapchat®, Tumblr®, Twitter®/X, YouTube®, Vine®, VKontakte or Weibo®), or…

Item 7

You are required to pay a Grand Opening Marketing fee of $10,000 for a Traditional store or $5,000 for a Non-Traditional store payable to franchisor on the earlier of (i) prior to you executing a lease for the premises where the Franchised Business will be located; or (ii) prior to construction commencing at the…

Franchise agreement

cooperation with and participation in sales, marketing, advertising and promotional programs (including loyalty programs, online ordering programs, discount coupons, discount gift cards, special menu promotions, and entering into product and service agreements directly with third-party vendors and service providers…

Item 11

If a Cooperative is formed for your region, you must financially contribute to the Cooperative, as required by us.

Franchise agreement

You must purchase or otherwise acquire certain proprietary or required equipment and supplies utilized in the Franchised Business only from our designated approved distributors or suppliers.

Franchise agreement

You must purchase or otherwise acquire certain proprietary or required equipment and supplies utilized in the Franchised Business only from our designated approved distributors or suppliers.

Franchise agreement

Additionally, you must utilize our approved third-party payment card processor, as identified in the System Standards, for processing all Card Processing System transactions.

Franchise agreement

Payment of the Royalty Fee, Advertising Fee (as defined in Section 5.3), and all other fees due under this Agreement to us shall be made via electronic transfer of funds from the Depository Account.

Item 11

You must obtain gift card processing services, and for online ordering only, credit and debit card processing, from our approved vendors.

Item 15

Additionally, you must employ on a full time basis at least one on-premises supervisor (“Manager”) for the restaurant.

Item 15

All personnel must wear a uniform or other clothing approved by us.

Item 11

We require you to exclusively use an approved electronic point-of-sale system to record all your sales during the operation of your restaurant, the components of which are identified in the Confidential Manual ("POS System").

Item 11

The POS System must be configured so that we have independent and remote access to the information and data stored in it.

Item 11

We may, in the future, hold refresher or additional training programs, conferences and seminars.

Franchise agreement

Attendance at these additional training programs and conferences is mandatory.