Cowboy Jack's

You will need to maintain, repair, and upon receipt of written notice from us, upgrade or update the Computers and Software for your Restaurant during the term of the Franchise Agreement. We estimate that the cost of your obligation to maintain, update or upgrade the Computers and Software for your Restaurant will generally range from $2,000 to $4,000 per year, plus additional monthly costs ranging from $500 to $2,500 per month, including Toast POS Platform Fees ranging from $1,500 to $8,000 per month. The costs you incur depend on the extra Toast POS platform features you may elect but are not required to use. There is no contractual limitation on the frequency and the cost of this obligation. We will have independent access to the information and data collected and generated by your point-of-sale computer system.

You may not, without our prior written approval, offer or provide delivery, or enter into arrangements for third-party delivery, whether for a fee or not, of any Foods, Beverages, and Products offered for sale by your Restaurant. If we grant you permission to offer such delivery services, or to utilize a third-party delivery service to offer such delivery services, then no deliveries may be made outside a 15-mile radius of the Restaurant without our prior written approval. If we grant you permission to use third-party delivery services (e.g. UberEats, DoorDash, etc.) at your Restaurant, we have the right to require that you only use specific vendors, who we have approved, for such services. We reserve the right to require that you use a specific vendor for the system that enables automatic order integration between such third-party vendors and the point-of-sale system. We further reserve the right to adjust royalties, fees, and other policies, as necessary, to account for changes in the volume of orders received, and the fees associated with, third-party delivery services.

Franchisee and its Executive Management, Management Staff, employees and agents will not have the right to use any of the Marks or other intellectual property of Franchisor on any social network, social media or online community on the Internet or any other online, digital or electronic medium including, but not limited to, any “blog,” YouTube, Facebook, Instagram, Tik Tok, Wikipedia, professional networks like Linked-In, live-blogging and micro-blogging tools like X, virtual worlds, file, audio and video sharing sites, and other similar social networking media or tools now or hereafter in existence (“Online and Social Media”), except with Franchisor’s prior written permission. Franchisee and its Executive Management, Management Staff, employees and agents will comply with all of Franchisor’s policies, standards and procedures for use of any Online and Social Media that in any way references the Marks or involves the Restaurant. Franchisor may require Franchisee to set up accounts, pages or similarly participate in Online and Social Media, and may require that Franchisor be given administrative privileges for such accounts and pages. Franchisor may require that Franchisee post appropriate content to such accounts and pages and Franchisee will be permitted to do so independently.

Franchisee and its Executive Management, Management Staff, employees and agents will not have the right to use any of the Marks or other intellectual property of Franchisor on any social network, social media or online community on the Internet or any other online, digital or electronic medium including, but not limited to, any “blog,” YouTube, Facebook, Instagram, Tik Tok, Wikipedia, professional networks like Linked-In, live-blogging and micro-blogging tools like X, virtual worlds, file, audio and video sharing sites, and other similar social networking media or tools now or hereafter in existence (“Online and Social Media”), except with Franchisor’s prior written permission. Franchisee and its Executive Management, Management Staff, employees and agents will comply with all of Franchisor’s policies, standards and procedures for use of any Online and Social Media that in any way references the Marks or involves the Restaurant. Franchisor may require Franchisee to set up accounts, pages or similarly participate in Online and Social Media, and may require that Franchisor be given administrative privileges for such accounts and pages. Franchisor may require that Franchisee post appropriate content to such accounts and pages and Franchisee will be permitted to do so independently.

You may not, without our prior written approval, offer or provide delivery, or enter into arrangements for third-party delivery, whether for a fee or not, of any Foods, Beverages, and Products offered for sale by your Restaurant. If we grant you permission to offer such delivery services, or to utilize a third-party delivery service to offer such delivery services, then no deliveries may be made outside a 15-mile radius of the Restaurant without our prior written approval. If we grant you permission to use third-party delivery services (e.g. UberEats, DoorDash, etc.) at your Restaurant, we have the right to require that you only use specific vendors, who we have approved, for such services. We reserve the right to require that you use a specific vendor for the system that enables automatic order integration between such third-party vendors and the point-of-sale system. We further reserve the right to adjust royalties, fees, and other policies, as necessary, to account for changes in the volume of orders received, and the fees associated with, third-party delivery services.

2.3 Use of Marks. Area Developer will have the right to use the Marks only in the Territory and only in connection with the development of Cowboy Jack’s Restaurants pursuant to this Agreement. Area Developer will only use the Marks designated by Franchisor in writing and only in the manner authorized and permitted by Franchisor. Area Developer and its Executive Management, Management Staff, employees and agents will not have the right to use any of the Marks or other intellectual property of Franchisor on any social network, social media, or online community on the Internet or any other online, digital or electronic medium including, but not limited to, any “blog,” YouTube, Facebook, Instagram, Tik Tok, Wikipedia, professional networks like Linked-In, live-blogging and micro-blogging tools like X, virtual worlds, file, audio and video sharing sites, and other similar social networking media or tools now or hereafter in existence (“Online Sites and Social Media”), except with the prior written permission of Franchisor. Area Developer and its Executive