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HowardCannon.com, Restaurant Rhino, Signature Seminars by Howard Cannon, Restaurant Expert Witness, and Restaurant Consultants of America are properties of Restaurant Operations Institute (ROI), Inc.; © 2012 All Rights Reserved
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THE REMAINDER OF THIS DOCUMENT AS STATED BELOW ONLY PERTAINS TO THOSE THAT BECOME A RESELLER (“Member”) OF ANY OF THE HowardCannon.com CONTENT, PRODUCTS, OR SERVICE OFFERINGS.
The "Company" and the "Member" desire to share the rights to utilize, market, sell, and potentially profit from the "FRA Offerings" as listed in the purchase order. There are no exclusive territories and, therefore, no boundaries described.
The "Company" and the "Member" agree to reasonably conduct its business so as not to damage the brand value, the goodwill established and the image of the "Company" or its "Offerings" in any way. The parties agree that the "Company" does not offer or operate as a franchisor and the "Member" is not and never will be a franchisee or an agent of the "Company". The parties agree that the "Company" does not provide sales training, scripts, operations manuals, training manuals, or business training of any kind to the "Member" and therefore any and all sales and/or profit results generated are at the sole responsibility of the "Member".
The "Member" agrees that it is a 1099 Independent Contractor and owns and operates its own business and is prohibited from conducting business using any Doing Business As (DBA) name that is directly associated with the "Company" names, brands, or logos, without the express written consent and approval from the "Company" to ensure there will be no confusion on the part of the public in regards to the relationship between the "Company" and the "Member". The "Member" shall be solely responsible for any and all expenses and costs of its own Business; including the marketing, maintenance, administrative, accounting, tax liability, insurance, travel, accommodations, and operations of its own business. The "Member" shall bare the full financial risks of the operation of its own business. The "Member" agrees and acknowledges that the "Member" has not relied upon any representations, warranties or statements made by the "Company", its employees, shareholders, agents or representatives, concerning the financial or economic projections concerning the operations of the business and, in fact, no projections, representations, best estimates, estimated revenues, profits, or income or any other performance indicators, have been provided by the "Company", agents of the "Company", or employees of the "Company", at any time.
The "Member" shall be deemed to be in breach of this "Agreement" and all rights granted herein may automatically be terminated upon written notice from the "Company" and at the "Company's" sole discretion, if any of the following events occur: - The "Member" becomes insolvent or if the "Company" feels the "Members" actions or situation may harm the image of the business or the brands; - Any suit to foreclose, any lien against any assets of the "Member". - The "Member" ceases to operate or market the "Company Offerings", pay its applicable taxes, or otherwise abandons the business or marketing efforts; - The "Member" is accused of, brought up on charges of, or convicted of any misdemeanor, felony, or crime or offense of any kind; - The "Member" makes any unauthorized use of any of the "Company" or otherwise harms its image or discloses confidential information; - If the "Member" knowingly or through gross negligence maintains false books or records, false tax filings, or submits any false reports to the "Company". It is understood and agreed that this does not create a fiduciary relationship between the "Company" and the "Member". The "Member" shall: - Operate its business in a clean, wholesome, and professional manner and in compliance with standards of quality and integrity as solely desired by the "Company"; - Make payments on time in accordance with the terms of any invoices presented by all of its vendors, and not take on excessive credit terms or debt from any source; - Comply with all federal, state and local laws, ordinances and regulations affecting the operation of its business, including taxes, permits, insurances, and more - Keep all "Company" clients and sponsors confidential and discreet for life.
It is recommended that the "Member" acquire and maintain the appropriate insurance from a reputable insurance company and do so in a way that is prudent for the "Members" well-being and overall protection of the "Members" business.
Both parties affirm that they are have received ample time for a thorough review by their attorneys and have either sought counsel or voluntarily declined to seek legal advice prior to executing this agreement or membership. The "Company" makes no representation or warranty, and expressly disclaims any liability with respect to the content of any "Offerings", including those of errors or omissions contained therein, libel, infringement of rights of publicity, privacy, copyright, trademark rights, moral rights, or the disclosure of information. "Company" makes no representation or warranty, and expressly disclaims any liability with respect to the volume or potential volume of any type of revenues, sales, profits or potential profits that can or will be achieved by owning and operation of a business in association with the "Company" or by any individual "member". All "Offerings" are expressly provided on an "as is" basis, and "Company" disclaims any and all other warranties, conditions, or representations (express, implied, oral, or written) relating to the "Company Offerings" including, without limitation, merchantability. Each of the parties hereto shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, suits, or injuries incurred by the other or any third party, including all attorney's fees which may arise from any contract, representation, sale, transaction, alleged breach, warranties made by or on behalf of the party with any third party. This indemnity shall survive the termination of any "Agreement". In the event of any dispute or controversy arising out of, or relating to, this "Agreement" or the relationship of the parties, the parties agree to exercise their best efforts to resolve the dispute as soon as possible, informally. The parties shall continue to perform their obligations under this "Agreement" not affected by the dispute. Both parties recognize that any alleged damages associated with this "Agreement" may be difficult to quantify; therefore, the parties consent to submit any dispute under this "Agreement" to binding arbitration using the American Arbitration Association to be held in the appropriate courts in Shelby County, Alabama. Both parties agree that each party will always and forever be responsible for its own attorney fees and costs associated with any dispute arising from this "Agreement" or this relationship between the parties.
The "Member" shall never modify, create, revise, recreate, remove, obscure, or attempt to duplicate any "Company Offering" or materials associated with the "Company Offerings" including, but not limited to copyright or notices on any of "Company Offerings" without written permission of "Company". The "Company Offerings" may be added to, modified, or deleted by the "Company" at its sole discretion with or without notice. This "Agreement" shall be governed by and construed in accordance with the laws of Shelby County, Alabama, United States of America, without regard to conflict of law principles. However, we also do business in these following states: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming; and, although we do business in all of the previous states as listed, the rules and regulations of the state of Alabama still apply. Neither party shall be liable in damages for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including, but not limited to, Acts of God, Government restrictions, wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. This constitutes the entire "Agreement" of the parties and supersedes all prior communications, understandings, and agreements relating to the subject matter hereof, whether oral or written.