U-Swirl

Item 11

You must purchase off-the-shelf bookkeeping software that we specify and use it to produce reports submitted to us periodically.

Franchise agreement

You will deliver a balance sheet, profit and loss statement, statement of cash flows and explanatory footnotes prepared under generally accepted accounting principles applied on a consistent basis (“Financial Statements”) to us within the time period required by the Franchise Operations Manual.

Franchise agreement

We may change or add approved suppliers of this Technology at any time, in our sole discretion.

Item 8

We and our affiliates may receive rebates from some suppliers based on your purchase of products and services and we may but we have no obligation to pass them on to our franchisees or use them in any particular manner.

Item 8

We estimate that approximately 80% of purchases required to open your Franchised Business and 50% of purchases required to operate your Franchised Business will be from approved suppliers or under our specifications.

Item 8

We reserve the right to charge a fee to evaluate the proposed product, service or supplier.

Item 8

If you desire to have a non-approved supplier become an approved supplier, you must submit samples of the supplier’s products or services to USI, along with a written statement describing why the products or services and the supplier should be approved for use in the System.

Item 11

At the time of the expiration or termination of the Franchise Agreement for any reason, your business telephone numbers may become the property of USI, at USI’s sole option.

Franchise agreement

You agree to comply with the then-current Payment Card Industry Data Security Standards as those standards may be revised and modified by the PCI Security Standards Council, LLC, or any successor 2025 FA v1 C-18 organization or standards we may reasonably specify.

Franchise agreement

To ensure compliance with this Franchise Agreement, we or our representatives will have the right to enter your Premises, evaluate your Franchised Business operations, and inspect or examine your books, records, accounts and tax returns.

Franchise agreement

We can modify the Franchise Operations Manual at any time.

Item 12

You may operate your Franchised Business only at the approved location.

Item 11

Grand Opening Program You will spend a minimum of $5,000 on approved grand opening marketing, advertising and promotion for your Franchised Business during the period beginning 30 days before and ending 90 days 2025 FDD v1 24 after the opening of your Franchised Business.

Item 11

In addition to the Advertising Fund Contributions, you must spend 1% of Gross Sales on local advertising (“Local Advertising Requirement”).

Franchise agreement

You agree to participate in our gift card and loyalty programs, if any, and agree to make gift cards and loyalty programs available for purchase and redemption at your Franchised Business subject to the policies and procedures in the Franchise Operations Manual.

Item 11

If your Store is located in a Co-op area, you will be required to participate in the Co-op.

Item 8

You must purchase the proprietary products we or our affiliates develop from time to time for proprietary recipes or formulas and purchase them only from us or a third party who we have licensed to prepare and sell the products.

Item 8

Equipment and POS System. You must purchase or lease equipment and furnishings used in your Store from suppliers designated or approved by USI.

Franchise agreement

You agree to maintain, at all times, credit card relationships with the credit and debit card issuers or sponsors, check or credit verification services, financial center services, payment providers, merchant service providers, loyalty and gift cards, and electronic fund transfer systems (together, “Payment Vendors”)…

Franchise agreement

Franchisee shall participate in an electronic funds transfer program under which USI automatically deducts from Franchisee’s bank account the Royalty Fee, the advertising fees (as specified in Section 2.11), and other payments owed to USI

Item 16

As the Gift Card program is part of the System, you must participate by offering Gift Cards to your customers and honoring all Gift Cards presented to you as payment for products, regardless of whether the Gift Card was issued by you or another USI Store.

Item 8

All non-proprietary ingredients, beverage products, cooking materials, containers, cartons, bags, menus, napkins, other paper and plastic products, utensils, uniforms and other supplies and materials used in your Franchised Business must strictly conform to our quality standards and reasonable specifications.

Item 11

You must use a computerized point of sale system (together with the software, referred to as “POS System”) meeting our specifications from a designated or approved supplier.

Item 6

We may charge you for training additional Training or (currently $500 per after invoicing persons, newly-hired personnel, refresher Assistance Fees attendee for additional training courses, remedial training, training) advanced training courses, and additional or special assistance or training you need or request.

Item 11

In addition to participating in ongoing training, you will be required to attend any national or regional meeting or conference of franchisees.