FRANCHISE CONTRACT

 

FRANCHISE CONTRACT

THIS CONTRACT is hereby entered into on this ………………day of …….……………. Two Thousand and ……………………………

BETWEEN

  1. BOOTCAMP UK a franchising limited liability company  of {address} ………….…… which provides outdoor fitness across the UK. The Company shall hereafter be referred to as “THE FRANCHISER”.

AND

  1. ……………….. of ………………….(Address) , a company seeking to provide outdoor fitness using the Franchiser’s brand name. This party shall hereinafter be referred to as “THE FRANCHISEE”.

 

In the course of this contract, both parties to the contract mentioned above have been individually referred to as “Party” and jointly as “Parties”.


NOW THESE TERMS ARE AGREED UPON BY THE PARTIES:

 

  1. The Franchiser hereby enters into a contract with the Franchisee for the purpose of allowing the Franchisee to use the Bootcamp UK Brand name for the purpose of providing outdoor fitness services to their clients.

 

TERM OF THE CONTRACT

  1. This contract shall run for a period of ……. from the date of its execution of parties herein or until termination of the contract by either party; whichever shall come first.

 

TERMS AND CONDITIONS

  1. The Franchisee shall seek and register a park with Companies House from which they will carry out Bootcamp UK Sessions . To enable the smooth registration of the said park, the Franchiser herein may assist the Franchisee with the registration process upon request.

 

  1. The Franchisee shall take out adequate insurance to ensure that all public liability is covered in the event something happens to a member of the general public as a result of the Franchisee’s actions; as well as employer’s liability to ensure that all instructors are covered in the event of any liability.

 

  1. The Franchisee shall further ensure that the insurance is adequate to cover all sessions, the equipment used as well as each member of the class.

 

  1. The insurance that the Franchisee takes out must also be adequate to cover all locations in which the franchisee works in and/or owns.

 

  1. In admitting clients to a Bootcamp UK session, the Franchisee shall ensure that all clients aged 16 years and above have an insurance cover and/or policy in the event of any liability.

 

  1. The Franchisee shall employ instructors with the necessary qualifications to run a Bootcamp UK session. In confirming such employment, the franchisee shall also ensure that the qualifications held are in compliance with their insurance requirements.

 

  1. The Franchisee shall be expected to conduct and record risk assessments as often as the same shall be required.

 

  1. In observing client confidentiality, the Franchisee shall handle clients’ personal information in high regard and in accordance with the Data Protection Act.

 

  1. The Franchiser shall aggressively market the Franchisee’s Bootcamp UK sessions with the aim of garnering as many clients as possible for the Franchisee including referrals. Such marketing shall be funded by the Franchiser and there shall be no cost charged to the Franchisee.

 

  1. The Franchiser shall set up a direct debit system for the Franchisee as well as a client’s database.

 

  1. The Franchiser who owns the BCUK app shall avail the same to Franchisee with the intention of benefitting the Franchisee’s parks.

 

  1. The Franchiser shall avail an online contract signing system to enable efficient relations between the franchisee and their clients.

 

 

LIMITATION OF LAIBILITY

  1. The Franchiser shall only provide the brand name “BootCamp UK” as well as the assistance that shall be required. As such, the Franchisee herein shall bear full responsibility for their actions.

 

  1. If any action is brought against the Franchiser due to the Franchisee’s actions during a Bootcamp UK session, the Franchisee shall defend, indemnify and hold the Franchiser risk free.

 

 PAYMENT

  1. The Franchisee shall receive all the money from their clients from which they shall cover their bills including but not limited to wages, park fees, insurance, van, equipment, lights and stereo.

 

  1. The Franchiser recommends a Vivaro size fan to accommodate all immediate needs. Further, the equipment, lights and stereo shall be a mandatory requirement as the brand is built around this concept. These shall however not be required up to the end of the year.

 

  1. The Franchisee shall pay the Franchiser a franchise fee of 25% from source which shall be capped at £360 per month subject to an annual increase no greater than 3%. Upon reaching the Franchiser’s cap usually within the first year, the Franchiser herein shall continue receiving £360 each month.

 

  1. The initial franchise fee shall be £1000 which the Franchiser shall use to market the Franchisee’s new park opening. This amount shall be split in half with the Franchisee to which end the Franchiser shall require a single upfront payment of £500 from the Franchisee prior to the park opening.

 

  1. As aforementioned, this Contract shall commence upon the date of full execution by all parties and expire when the terms of this contract have lapsed or when the parties shall agree.

 

BINDING TERMS

  1. The terms and conditions of this contract shall be binding upon the parties herein and any dispute arising shall solved by ……………………

 

TERMINATION OF CONTRACT

  1. Any party shall be at liberty to terminate this contract subject to giving sufficient notice of ……… month(s), making all payments on outstanding arrears and making all logical arrangements that are required in the nature of the business the parties herein are engaged in.

 

ENTIRE AGREEMENT

  1. This Contract contains the whole agreement and understanding between the parties herein and supersedes all previous contracts (if any) whether written or oral between the parties in respect of such matters.

 

IN WITNESS whereof the parties hereto have executed this Contract the day and year hereinabove written.

 

SIGNED by the parties:                                           )

…………….. ……………….                                              )          _________________ FOR: BOOTCAMP UK                                             )

                                                                   )                                                                                                                           )

AND                                                                       )

 

………………………………..

(NAME)                                                                   )        _________________

)

)

)

WITNESSED BY: –                                                    )        ___________________

NAME:                                                                     )

)

)

ADDRESS:   

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