OBLIGATIONS OF THE FRANCHISOR; OTHER SUPERVISION AND SERVICES
A. The Franchisor's Offer Of Its Franchises Include Various Services, Assistance, Programs, Specifications, And Support Systems. The Obligations To Be Met By The Franchisor Prior To The Commencement Of Operations Of The Franchised Business Are As Follows:
1. Pursuant To The Franchise Agreement, The Franchisor Is Required To Supply The Franchisor's Operation Manual Which Specifies Standard Operational Procedures, Policies, Rules And Regulations Established By The Franchisor With Which All Franchisees Are Required To Comply.
2. Pursuant To The Franchise Agreement, The Franchisor May, From Time To Time, Without Obligation, Make Available For Purchase Or Lease By Franchise, Tools, Equipment, Uniforms, Office Supplies, Forms, Computer Hardware And/Or Software And Similar Items Required For Operation Of A River Ruler Entertainment JTM Inc. Facility. All Uses Of The River Ruler Entertainment Logo And/Or Trade Name Requires Prior Written Approval From The Franchisor.
3. Pursuant To The Franchise Agreement, The Franchisor Conducts An Initial Training Program, Which Is For Training The Franchisee And/Or Its General Manager, Without Charge To The Franchisee, With Training In The Management And Operation Of The System And The Business, Including Safety, Marketing, Bookkeeping, Inventory Control And Purchasing, And Customer And Employer-Employee Relations. The Initial Training Consists Of Between Five (5) And Ten (10) Business Days Of Approximately Six (6) Hours Per Day At Franchisor's Corporate Headquarters In Eugene, Oregon, Or At Such Place As May Be Designated By The Franchisor.
4. Pursuant To The Franchise Agreement, The Franchisor Shall Furnish Franchisee With Initial Advertising Banners And Copy And Assistance In Creating An Advertising Program. All Use Of The River Ruler Entertainment Logo And/Or Trade Name Requires Prior Approval From The Franchisor.
5. Pursuant To The Franchise Agreement, The Franchisor Will Make Available To The Franchisee A Complete Business Insurance Package Consisting Of A General Liability Insurance Policy, Standard Fire And Extended Coverage Insurance With Vandalism And Malicious Mischief Endorsements, And Worker's Compensation Insurance.
6. Pursuant To The Franchise Agreement, The Franchisor Shall Furnish The Franchisee A Model Accounting System To Be Used By The Franchisee In The Conduct Of Business.
7. Pursuant To The Franchise Agreement, The Franchisor Shall Furnish The Franchisee Sample Copies Of A Service Order, Business Card, Envelopes, Letter-Heads, Inventory Forms And Other Stationary Supplies, Which Franchisee Can Order From Franchisor At Prices Then In Effect. All Uses Of The River Ruler Entertainment Logo And/Or Trade Name Requires Prior Written Approval From The Franchisor.
8. Pursuant To The Franchise Agreement, Franchisor Will Provide Franchisee With A JTM Rapid Board Catalog From Which Franchisee Can Order Tethered Rapid Surfing Gear And Equipment For Regularly Using Them As Required By Franchisee In The Operation Of Its River Marketplace Service Center Franchise.
9. Pursuant To The Franchise Agreement, Franchisor Will Make Available For Purchase By Franchisee All Necessary Equipment And Gear Required By Franchisee In The Operation Of Its Service Center.
10. Pursuant To The Franchise Agreement, Franchisor Shall Furnish Consulting Assistance To Franchisee In Locating Suitable Improved Real Property For The Location Of Its Service Center And Will Furnish Consulting Services In Regard To Leasing Or Purchase Of Property, But Shall Not Be Required To Negotiate Withe The Property Owner On The Terms Of The Lease Or Purchase In Addition To Providing Written Specifications, Recommendations And Suggestions Regarding Leasehold Improvements And Fixture Implementation As Well As Assisting In Acquiring Necessary Drawings, Fixtures And Equipment.
B. Additionally, Although The Franchisor Is Not Bound To Do So By The Franchise Agreement, The Franchisor Offers General Advice And Assistance To The Franchisee In Making The Franchised Business Ready To Commence Operations And Maintaining Its Operation. Such Assistance May Include, For Example, The Rendering Of Advice Regarding The Selection Of Equipment And Accessories As Well As The Hiring Of Employees And May Make Available For Purchase Or Lease By Franchisee, Tools, Equipment, Uniforms, Office Supplies, Forms, Computers And Other Materials Required To Operate A Service Center.
C. The Obligations To Be Met By The Franchisor During The Operation Of The Franchised Business Are As Follows:
1. Pursuant To The Franchise Agreement, The Franchisor Shall Send One Of Its Specialists To Franchisee's Center For Three (3) Business Days Of Six (6) Hours Per Day To Assist Franchisee In Opening Its Center.
2. Pursuant To The Franchise Agreement, Franchisor Shall Have A Right To Require Franchisee And/Or Its Personnel, From Time To Time, To Attend Mandatory Supplementary Instruction Courses At Locations Selected Solely By The Franchisor.
3. Pursuant To The Franchise Agreement, The Franchisor Shall Furnish Management Counseling At Such Time And Location As Designated Solely By The Franchisor To Franchisee Upon Franchisee's Request Throughout The Term Of The Franchise.
4. Pursuant To The Franchise Agreement, The Franchisor Is Required To Administer An Advertising And Promotional Program Designed To Promote And Enhance The Image, Identity Or Patronage Value Of Franchised, Licensed, And Franchisor-Owned River Ruler Entertainment Service Centers.
D. Although Not Bound By The Franchise Agreement Or Related Agreements, The Franchisor Will Inspect And Critique The Franchises From Time To Time, At The Sole Discretion Of The Franchisor.
E. The Methods Used By The Franchisor To Assist The Franchisee In Selection Of The Location Of The Business Will Include Compiling Population Per Capita Of Each Location Option And River Access For Each Franchisee So Appointed.
F. The Franchisor Estimates The Typical Length Of Time Between The Execution Of The Franchise Agreement And The Commencement Of The Franchised Business Is Between Thirty (30) To Sixty (60) Days If Construction Of The Franchised Location Has Been Completed At The Time The Franchise Agreement Is Executed. Of Course, If No Site Has Been Selected At The Time The Franchisee Executes The Franchise Agreement, Further Time Must Be Anticipated For Site Location.
G. Prior To Franchisee's Actual Commencement Of Business Operations And After The Execution Of The Franchise Agreement, Franchisee Must Pursue And Complete The Franchisor's Training Program For New Franchisee's. This Initial Training Program Trains The Franchisee And/Or Its General Manager, Without Charge To The Franchisee, In The Management And Operation Of The System And The Business, Including Safety, Marketing, Bookkeeping, Inventory Control And Purchasing As Well As Customer And Employer-Employee Relations. Said Training Consists Of Between Five (5) And Ten (10) Business Days Of Six (6) Hours Per Day At Franchise's Headquarters In Eugene, Oregon, Or At Such Place As May Be Designated By The Franchisor. The Franchisee Is Responsible For All Travel, Lodging And Subsistence Expenses Incurred By Franchisee And Its General Manager While Attending Such Instruction Course And Such Training Shall Be Without Compensation To The Franchisee.
The Franchisor Also Sends One Of Its Specialists To The Franchisee's Center For Three (3) Business Days Of Six (6) Hours Per Day To Assist Franchisee In Opening Its Center. The Training Program Does Not Train Franchisee Or Its Personnel To become Athletes. Franchisee Must Satisfactorily Pursue And Complete Such Training To Franchisor's Sole, Subjective Satisfaction, Exercised In Good Faith. The Franchisee Is Trained By Various Members Of The Franchisor's Staff And By Managers Of River Ruler Entertainment Service Centers Owned By The Franchisor. The Franchisor's Instructors Will Have At Least Five (5) Years Of Experience In Such Training Procedures. Since The Training Program Is Mandatory, There Are No Percentage Figures For New Franchisee's That Enrolled In The Training Program During The Twelve (12) Months Immediately Preceding The Date Of The Offering Circular. As Previously Indicated, The Franchisor, At Its Discretion, Will Make Available Additional Training Programs From Time To Time.