Moby Dick Franchise

Franchise agreement

We shall have the right, but not the obligation, to develop or have developed for us, or to designate: (a) computer software programs and accounting system software that you must use in connection with the Computer System (“Required Software”), which you shall install;

Item 11

This will permit us to electronically inspect and monitor information concerning your Restaurant’s Gross Sales and any other information that may be contained or stored in the equipment and software.

Franchise agreement

You shall, at your expense, submit to us, in the form prescribed by us, a reports of Gross Sales and a profit and loss statement for each calendar quarter (which may be unaudited) for you within fifteen (15) days after the end of each calendar quarter during the term hereof.

Item 8

Currently our affiliate, MD Wholesale Foods, LLC., is the sole approved supplier for certain food goods and branded merchandise.

Item 16

We have the right to change the types of menu items, products and services offered by you at the Restaurant at any time, and there are no limits on our right to make those changes.

Item 8

During the fiscal year ended December 31, 2021 our affiliate earned $1,810,537 in revenue from the sale of these items to our franchisees.

Item 8

We have the right to collect and retain any and all allowances, rebates, credits, incentives, or benefits (collectively, “Allowances”) offered by manufacturers, suppliers, and distributors to you, to us, or to our affiliates, based upon your purchases of products and services from manufacturers, suppliers, and…

Item 8

approximately 25% of your total purchases in the continuing operation of the Restaurant.

Item 8

You must pay the Vendor/Equipment Approval fee (currently $1,000).

Item 8

If you wish to purchase, lease or use any unapproved products or you wish to purchase or lease items from an unapproved supplier, you must submit a written request for approval, or Moby Dick/FDD 2023 C 17 must request the supplier to do so.

Franchise agreement

has or will acquire during the term of the Franchise Agreement, certain right, title, and interest in and to those certain telephone numbers and regular, classified, internet page, and other telephone directory listings (collectively, the “Telephone Listings”) related to the Franchised Business or the Marks.

Franchise agreement

You shall participate in all customer surveys and satisfaction audits, which may require that you provide discounted or complimentary products, provided that such discounted or complimentary sales shall not be included in the Gross Sales of the Restaurant.

Item 11

As we reasonably determine necessary, visits to and evaluations of the Restaurant and the products and services provided there to make sure that our high standards of quality, appearance and service of the System are maintained.

Franchise agreement

We may from time to time revise the contents of the Manuals and the contents of any other manuals and materials created or approved for use in the operation of the Franchised Business.

Franchise agreement

No site may be used for the location of the Restaurant unless it is first accepted in writing by us.

Item 11

You may not maintain your own website; otherwise maintain a presence or advertise on the internet or any other mode of electronic commerce in connection with your Franchised Business; establish a link to any website we establish at or from any other Moby Dick/FDD 2023 C 28 website or page; or at any time establish…

Item 11

You must spend between $2,000 and $3,000 on a grand opening advertising campaign announcing the grand opening of your Restaurant.

Franchise agreement

you shall spend each month throughout the term of this Agreement an amount equal to two percent (2%) of Gross Sales on advertising and promotion of your Restaurant in your Territory (“Local Advertising”).

Item 11

If a Cooperative has been established for a geographic area where your Restaurant is located when the Franchise Agreement is signed, or if any Cooperative is established during the term of the Franchise Agreement, you must sign all documents we require and become a member of the Cooperative according to the terms of…

Item 8

Except for logoed products and promotional materials provided by us or our designated suppliers (or delivery vehicles that you may use in the operation of the Restaurant), you must obtain all food and beverage items, ingredients, supplies, materials, fixtures, furnishings, equipment (including point of sale system…

Item 8

You must purchase your entire supply of proprietary food products from the supplier we designate.

Item 6

The Royalty Fee and Brand Development Fee will be withdrawn from your designated bank account by electronic funds transfer (“EFT”) on Wednesday of each week (or if the Wednesday is not a business day, the next business day) based on the Restaurant’s Gross Sales for the preceding calendar week.

Item 6

You must participate in our Gift Card program, which allows a Gift Card that is purchased at any Restaurant to be redeemed at any other Restaurant in the System.

Item 15

You must retain at all times a General Manager and the other personnel as are required to operate and manage the Restaurant.

Item 11

You must purchase or lease and use certain point of sale systems, computer hardware and software that meet our specifications and that are capable of electronically interfacing with our computer system.

Item 11

This will permit us to electronically inspect and monitor information concerning your Restaurant’s Gross Sales and any other information that may be contained or stored in the equipment and software.

Franchise agreement

We reserve the right to conduct additional or refresher training programs, seminars and other related activities regarding the operation of the Restaurant.