THIS AGREEMENT is made on the        day of                20_._

BETWEEN:

     Business over Breakfast Ltd.

    (“The Licensor”) whose registered office is located at:

 64, Castle Road East, Oldbury, West Midlands, United Kingdom B68 9BG

And

  1. (“the Licensee”)

The Licensor agrees to offer an exclusive licence/Franchise to the above name person or company a licensee/Franchisee to operate Business over Breakfast (BoB) clubs in areas listed in point 1.1 of the following agreement using the website, corporate branding, logo, online payment system, online club administration system, online AIMS (Automated internet marketing system), documentation, systems and procedures that are the property of Business over Breakfast Ltd T/A BoB Clubs. Provided that the licensee agrees to the following:

1. Territory

The exclusive Licence shall be operational in the following area/s:

1.1 List of agreed area/s

  • Country, County, Area or postcode/s

This agreement allows the licensee to operate an unlimited number or agreed number of BoB clubs dependent upon the agreement relating to the above territory. The clubs can be located anywhere within the above territory.

Other/additional area/s shall be covered by separate licence agreements.

The licensor will not sell a licence to, or permit any other person or organisation to operate      Business over Breakfast/BoB clubs in the area/s defined in section 1.1 of this agreement as long as the terms and conditions of this agreement are adhered to and that performance standards are met and maintained.

1.2 Cost of the Licence/Franchise
The cost of the licence/Franchise shall be £xxxxxx.xx (to be agreed dependant on size, location of area/number of clubs).

2. Name of Clubs
The Licensor agrees to only operate clubs under the name of Business over Breakfast and/or BoB clubs. Should the licensor decide to rename the clubs for whatever reason in the future the licensee also agrees to change the name of all their clubs.

3. Club  branding
The licensee agrees to only use the current and any future branding and/or logo and colours/colors (which is protected by Trademark) which have been developed by the licensor. Should the branding be changed/amended by the Licensor the Licensee/Franchisee  agrees to change the branding and/or logo at their cost. Current BoB Club branding must be used on all media including but not limited to brochures, business cards, leaflets, Social Media websites, emails etc

4. Documentation and Artwork
All current and future documentation shall be provided to the licensee by the licensor. However, most of this documentation is easily downloadable from the website on hidden pages. Artwork for all marketing material (business cards, brochure, signage etc) will be made available to the licensee and can be downloaded from hidden pages of the website. This and only this artwork is to be used by the licensee/Franchisee. Should a Licensee/Franchisee develop any manuals, guides or other information that relate to training or operation for members, leadership teams or the general betterment of BoB clubs they agree that they will provide this to the Licensor so that they can if the Licensor decides to do so, be used in BoB clubs around the World. By doing this allows us to continually improve the organisation for the benefit of members, leadership teams, Area Coordinators, Licensees, Franchisees and Country Directors.

5. Website
New members details will be added to the website by the licensee/Franchisee (or their Area Coordinators if they have the authority to access this function) when they pay for their membership online or if cash/cheque payment is received or payment is received by bank transfer.

6. Online payment system

  1. The licensee/Franchisee agrees to setup and only use a PayPal Express Checkout account which will be integrated into the current website at www.bobclubs.com .The licensee will pay for the PayPal account, any monthly service charge and credit/debit card fees charged by PayPal. Should the licensor find a more flexible and/or cheaper card payment in the future each licensee/Franchisee agrees to change to that new card payment system at their own cost
  2. The licensor will fund the modifications required to additional website/back office functionality. However, should additional or modified functionality be requested by an individual licensee/Franchisee this will be considered by the Licensor and if approved the Licensee/Franchisee agrees to pay for modifications to be developed by wildesoft.net. This will be charged at cost and paid directly to Wildesoft.net by the licensee/Franchisee.
  3. The licensee/Franchisee will take payments from new members and renewing members of their clubs. The licensor will receive 15% + VAT (where applicable) of the membership fees (excluding the registration fee and VAT/GST) paid by members of the licensees/Franchisees clubs for both new memberships and membership renewals. This amount is still payable to the licensor even if the member receives free or discounted membership.
  4. The licensor will invoice the licensee/Franchisee within the first week of the month for new and/or renewing members for the previous month.
  5. The licensee/Franchisee agrees to pay the invoice by BACS/Bank Transfer within 14 days of receiving the invoice.
  6. In the case of a club that is In Formation payments will become due after the officially launches.  
    1. Failure by the licensee/Franchisee to pay invoices within 14 days of the date of the invoice will incur a late payment penalty of 8%.
    2. Persistent failure to pay invoices will invalidate this agreement.

7. Online Administration system

  1. The licensor will provide the licensee/Franchisee with access to the existing online administration system
  2. The licensee/Franchisee will provide the licensor with a suitable user name and password
  3. The licensee/Franchisee agrees not to divulge either their user name or password to any third party outside of licensee’s organisation 
  4. Should the licensee/Franchisee become aware that their user name and password has been obtained by an unauthorised person the licensee/Franchisee will inform the licensor at the earliest opportunity. The licensor will then delete the existing user name and password and issue a new user email and password
  5. Each Leadership Team member at each of the licensee’s/Franchisee’s clubs will be allocated a user name and password to give access to the required functionality of the online administration system
  6. The licensee/Franchisee will supply the licensor with user names and password for each Leadership Team member at each of the clubs they operate
  7. The Licensor will upload the Leadership Team user Names and password
  8. The licensee/Franchisee agrees to carry out the tasks as per the ‘Licence holders/JV Partner Task List’ which will be emailed to the Licence Holder on receipt of this signed agreement and payment.

8. Membership

  1. The licensee/Franchisee agrees to adhere to the pricing structure of the licensor, which the licensor will review annually normally on the 1st April or when appropriate at other times in the year. 60 days notice will be given should the licensor decide to increase the registration fee and/or annual membership fees.
  2. Membership to each club is for a period 12 months
  3. The licensee/Franchisee is authorised to offer 14 months membership for the price 12 to the first 7 members of each new club they operate.
  4. The licensee/Franchisee agrees to award a £20.00 Voucher (or similar value in other countries) to members of their clubs for each new member the existing member’s sponsor (redeemable against that member’s membership renewal). The Vouchers will be provided by the licensor or can be printed locally.

9. Terms & Conditions

PLEASE NOTE:
Additional or slightly different T&C's may be applied by the Licensee/Franchisee but have to be approved by the Licensor.

Punctuality
It is important that all members, visitors from our other clubs and guests arrive 5 to 15 minutes before the meeting commences. The starting time of each club could vary. Late comers tend to disrupt the flow of the meeting.

Attendance
All members agree and understand that all BoB club meet on a Fortnightly/Bi-weekly basis and that for BoB clubs to work, it is important that all members attend the breakfast meetings as often as possible. We understand that every member has a business to run and a life to lead but attendance is crucial to the success of every club. If you can't attend please try to send somebody to stand in for you if possible. It is important that we know how many members, visitors from other clubs and guests are attending so that we can inform each venue BEFORE we turn up on the day. Please contact either the Chairman or club steward to inform them if you are unable to attend. The Chairman will assume that you will attend every meeting unless you inform otherwise. In the event of long term absenteeism, the licensee/Franchisee will decide if a member will be allowed to continue their membership or if they will be asked to resign so that a new member can take over their exclusive position. Should any member have attendance of less than 65% over any given 6 month period or miss 4 consecutive meetings without good reason we reserve the right to terminate their membership. Members who are aware that they will be unable to attend for a greater period than this must inform the licensee/Franchisee as soon as possible. Based upon the circumstances of the upcoming expected absenteeism, the Regional director will then decide if they will hold that members place open for them or if not. No refund of membership fees will be made. 

Membership Fees
Members are required to pay a one off registration fee on application to join an existing club or a club in formation. Annual membership fees are payable in advance upon invoice. Fees are NON REFUNDABLE on receipt of membership application and subsequent membership acceptance. Members who pay the one-off registration fee are also agreeing to pay the annual membership fee upon invoice and within 14 days.

Visitors and Guests
Visitors are allowed to visit a BoB club on just two occasions before they decide to take up membership. Visitors are allowed to take part in the Referral Generation programme but should not be offered referrals by the members of the club they are visiting as this would be unfair to members who have paid their membership fees. If a visitor attending a meeting is found to conflict with an existing member, both parties should be notified before the commencement of the structured part of the meeting. The visitor will be allowed to be part of the meeting, however, if there is a serious conflict of products or services offered, the visitor will be asked to be respectful throughout the meeting to the incumbent member and the relationship they will have established with their fellow members. An alternative club will then be sourced (where available) for the visitor to attend in the future 

Club Structure
Directors of the above listed companies reserve the right to create, suspend/postpone clubs or meetings or close individual clubs; to change venues, meeting times, frequency and the day that club/s meet. However, the views of all members will be taken into consideration before any changes are made. Business over Breakfast Ltd offer places to individuals NOT companies and reserve the right to not accept a person other than the business owner as a replacement for the original member. Business over Breakfast Ltd reserves the right to replace a member at the end of their current year membership and not offer renewal of membership. Business over Breakfast Ltd reserve the right to ask a member to leave their club if complaints are received from other members of the club about any members behaviour towards any other member or any visitor or should they provide a bad service or poor quality product. Business over Breakfast reserve the right to cancel any members annual membership should that member's attendance level be unacceptable. Membership fees are non-refundable in all instances. Membership renewal is by invitation and is not automatic.

You agree that you will not attempt to form (or promote to members of any BoB club), membership to a new referral based/business group/club/chapter that will compete with any BoB club (be that club/s be existing club/s, club/s that are In formation, planned club/s or club/s that may have been suspended) for a minimum period of 12 months from the expiry of your membership at any BoB club/s. You also agree that you will not join or register for any business club/group/chapter that has been or is being formed by any current or former BoB clubs Regional Director and/or Area Director and/or Area Coordinator and/or licence operator and/or JV partner for a minimum period of 12 months from the expiry/termination date of your membership at a BoB club/s. You also agree that you will not promote membership of any other networking club/group/chapter (apart from another BoB club) to members or visitors of any BoB club that you are a member of, either at meetings or outside of meetings by any method be it verbal or by any other means of communication. This does not stop you becoming a member of any other existing networking club i.e.: BNI, BRX, NRG etc. However, joining multiple clubs could damage your credibility and/or the amount of referrals that you give or receive. You further agree not to undermine the credibility or damage the morale of members of your BoB club, our Regional Directors, Area Directors, Area Coordinators or any member of the leadership team of any BoB club, by means of verbal and/or written and/or electronic communications. We reserve the right to suspend any member's membership if we consider that our Terms & Conditions have been contravened or if we believe that any members’ behaviour has been unacceptable. Membership may be reinstated at the discretion of the above operating company or by the directors of Business over Breakfast Ltd.

Membership is offered on the understanding that the member agrees that they will only promote their allocated business category at club meetings and to members of their club outside of meetings. Any member found to be promoting any other business category/categories will be asked to cease and should any member continue promoting other products and/or services at club meetings or outside of the meetings to members of their club; their membership will be terminated. No refunds will be offered in this situation. Multi-disciplinary businesses (for example law firms/Solicitors who have multiple service offerings) wishing to join a club can be represented in either of the following two ways; by buying separate memberships for each discipline, or a single membership where a member may be substituted occasionally by a colleague to present other disciplines. The disciplines must be agreed by the committee of the club and the Regional Director beforehand. Companies may not be represented by more than one employee at the same meeting. BoB clubs are structured so that a Leadership team made up from the club membership are collectively able to run meetings, administer their club and market the club utilising the online training and online tools that are provided by BoB clubs Head Office. This means that once a club has been launched the licensee/Franchisee, Area Coordinator/Area Director/Regional Director is not required to attend every club meeting.

BoB Clubs, Regional Director and/or Area Director and/or Area Coordinator must always be involved in all decision making processes. BoB Clubs, Regional Director and/or Area Director and/or Area Coordinator is responsible for negotiating with venues and no changes can be made by the club without authorisation. Any decisions taken without the approval of the Regional Director and/or Area Director and/or Area Coordinator can be over over-ridden by the Regional Director and/or Area Director and/or Area Coordinator.

The selection of the leadership team, whose role is to run the clubs, is the responsibility of BoB Clubs Regional Director and/or Area Director and/or Area Coordinator. There is no fixed time for any role within the club and BoB Clubs, Regional Director and/or Area Director and/or Area Coordinator will advise accordingly.

Meeting/Breakfast Fees
These are charged separately to membership and should be paid on arrival at each meeting, in advance or by Standing Order. It is likely that after a club has officially launched that all members will be asked to setup up a monthly standing order or Direct Debit to pay each month’s breakfast fees in advance. Any member who fails to pay membership/breakfast fees will have their membership terminated. No refunds against membership will be made in these circumstances. Should any member confirm that they will be attending a meeting and then fail to attend that meeting, we reserve the right to charge for the member for the meeting/s that they missed. Failure to pay could result in the member being suspended or expelled from the club.

Discounts
All members pay the same for membership. The only discount is as follows. For each visitor that a member introduces to a club, who subsequently joins any BoB club within a three month period; the introducing member will receive a voucher valued at £20 ($50 in Canada or the USA) which can only be used towards the existing members following year's membership. The voucher is non-transferable and has no monetary value. Vouchers can only be redeemed against membership renewal if the payment is received by the membership expiry date, vouchers against membership renewal received after the membership expiry date will not be accepted and will be null and void.

Refunds Policy
Our refunds policy forms part of our Terms and Conditions and can be viewed here >> Refunds Policy

Membership Fees
All new members who pay the one-off registration fee to secure their exclusive place at a BoB club that is 'In Formation' are also agreeing to pay their annual membership fee upon invoice. Should a member who registered for a club In Formation subsequently decide that they do not wish to continue as a member will be subject to the following charges:

Cancellation of membership:

  • Cancellation of membership up to 4 months before launch date        - 15% of membership fee is payable
  • Cancellation of membership less than 3 months before  launch date - 30% of membership fee is payable
  • Cancellation of membership less than 2 months before  launch date - 60% of membership fee is payable
  • Cancellation of membership less than 1 months before launch date - 90% of membership fee is payable - this 90% payment also applies to any member who pays the registration fee to reserve their exclusive place at an existing club and then fails to pay the invoice for their first year membership.

From time to time it is possible that some clubs may fail to launch within 9 months of the first member/s signing up and paying their registration fee/s. Should the Regional Director decide that the group is not growing sufficiently enough to make it a viable proposition for the members who have already signed up, then it is the responsibility of any member who signed up between nine (9) and ten (10) months earlier to submit a claim for a repayment of the registration fee. Should a claim not be submitted between the 9th and 10th months after the date of the first meeting the new member attended as a member after their payment had been made we will assume that the member is prepared to wait until the club is officially launched. From time to time a club may lose members making operating that club unsustainable under the current format. In these circumstances that club's status will revert to a club 'In formation' and the above conditions relating to it will apply. Any outstanding membership will be added to the 12 month term upon receipt of payment of the annual membership.

Please Note: founder members will only be eligible for a refund of registration fees if they have attended a minimum of 80% of the pre-launch meetings

Transfer between clubs
In the event of a member requesting to be transferred from the club they joined to another club during or at the end of their membership period or during pre-launch period of a club that is In Formation, we reserve the right to refuse this request. However, if we do agree to this request we reserve the right to charge an Administration fee of £50 (or equivalent in other countries). In the event of a member requesting to be transferred between clubs that are operated under licence by a different Licensee, Franchise operator or a club under the control of Head Office an amount equal to the remaining period of membership is chargeable. The transfer of membership from one club to another can only be authorised by the Regional Director, Country Director or Head Office and will only be allowed if there have been significant changes in the member's circumstances. It is extremely important that members see through their commitment to their original club and members within that club. If there are exceptional circumstances to warrant a transfer and the member has less than 6 months membership remaining, that member will be required to make a commitment of a further 12 months membership to show commitment to the new club.

Transfer of membership
Membership is non transferrable. Should a company wish to replace a member of staff with another member of staff in a BoB club this will be considered by cannot be guaranteed. Should a transfer of membership be granted we reserve the right to charge an administration fee of £50 (or equivalent in other countries) In the event of a member wanting to transfer to another club, we reserve the right to request a payment equal to the membership period used up at the original club giving them a full 12 months membership at the club that they are transferring to. However, if there is three months or less of the membership remaining at the original club we reserve the right to charge for a full 12 month membership at the club that the member is being transferred to. In this instance the remaining membership will be added to the 12 months membership.

Change of Business category
Should any member request a change of business category, we reserve the right to refuse this request. However, if we do agree to this request we also reserve the right to charge an Administration fee of £50 (or equivalent in other countries). Unless the request is made by an existing member whilst the club is In Formation, before the official launch of the club and that no other member already occupies that business category, no charge will be made.

Website
Members agree that their contact details including phone numbers (but excluding their email address which is not visible on the website to stop robots spamming our members), personal photograph and company logo can be displayed on the relevant website in each country. This information is automatically removed when a member is deleted. No unauthorized use (or data scraping) of any content from any of our websites (including, but not limited to member details, photographs, profiles, meetings, venues, maps etc) on external websites is allowed without our express permission being granted. Legal action will be taken against the owner of any websites using data from any of our websites including www.bobclubs.com www.bobclubs.ca www.bobclubsnz.com www.bobclubs.com.au www.bobclubs.ie www.bobclubs.in www.bobclubs.us

All prices quoted exclude VAT (or equivalent taxes in other countries)

The above Terms and Conditions supersede all previous Terms & Conditions

Note: The Above information has been copied from https://www.bobclubs.com/termsandconditions
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10. Privacy

The Licensees/Franchisee agrees to adhere to the Privacy Statement of Business over Breakfast Ltd for the collection and use of personal information. The only information that will be shown on each Business over Breakfast club members profile is information provided by the member. Should a member not wish selective information to be shown on their profile on the www.bobclubs.com website they can indicate this on their application form. All members have password protected access to the www.bobclubs.com www.bobclubs.ca www.bobclubs.us www.bobclubsnz.com www.bobclubs.com.au www.bobclubs.ca www.bobclubs.ie and www.bobclubs.in and are able to login and amend most of the details that  appear on the public pages of our website/s. Should a member resign or not renew their annual membership their profile information will automatically be removed from the website.

The Licensee/Franchisee agrees that they will not share any current or past members contact details or photographs with any other person, company or organisation.

Please Note: No credit/debit card or bank details are kept or stored by Business over Breakfast Ltd or their authorised licence/franchise operators as all card transactions are handled by PayPal or other card processing companies, whose payments systems are integrated into the www.bobclubs.com ( and all other domains including www.bobclubs.com .ie, .ca, .us, .in, .com.au & .co.nz ) websites. Therefore, PCI compliance is the responsibility of PayPal

Please note: Business over Breakfast Ltd may pass certain details about you (i.e. your name, company, address and email address) to its partners who fulfil applicable relevant services - in all cases the partners have an agreement with Business over Breakfast Ltd that they will NOT pass your details to a third party without your consent. You understand and agree that Business over Breakfast Ltd is not responsible or liable for any actions taken by its partners in respect to any data shared or services provided either as part of the subscription service or any other services the partner may provide.

Note: The Above information has been copied from https://www.bobclubs.com/privacy
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11. Refund Policy
 The licensee/Franchisee shall respect and adhere to the Licensee’s Refund policy as follows:

PLEASE NOTE:
Additional or slightly different T&C's may be applied by the Licensee or Franchisee but have to be approved by the Licensor::

Clubs that are 'In Formation'
All Licensee and Franchisees agree to  make Refunds against payments received for one-off registration fees for any BoB club that is 'In Formation' that fails to officially launch with a minimum of 12 members within 9 months of the meeting that the new member attended after receiving* that founding members one-off Registration fee; only the Regional Director can decide to suspend or close that club. Refunds will be made by either cheque, BACS/bank transfer or paid back to the credit card that the registration fee was taken from.  The above listed companies may be able to offer a transfer of membership to another operational BoB club within the geographic area that each licence covers; providing that club has a vacancy for that member's business category. Refunds are subject to our Terms and conditions as can be seen under the heading of Cancellation of membership section of our T&C's
* when payment is banked

Please Note: founder members will only be eligible for a refund of registration fees if they attend a minimum of 80% of the pre-launch meetings.

From time to time it is possible that some clubs may fail to launch within 9 months of the first member/s signing up and paying their registration fee/s. Should the Regional Director decide that the group is not growing sufficiently enough to make it a viable proposition for the members who have already signed up, then it is the responsibility of any member who signed up between nine (9) and ten (10) months earlier to submit a claim for a repayment of the registration fee. Should a claim not be submitted between the 9th and 10th months after the date of the first meeting the new member attended as a member after their payment had been made we will assume that the member is prepared to wait until the club is officially launched.

Existing 'Live' clubs
Should the decision be made to close a live club which still has a number of active members the following will apply:

A pro rata refund will only be made to those remaining members who have attended more than 80% of the meetings in  the preceding 12 month period. No refund of the one-off registration/administration fee will be made.

Any members who have attended more than 80% of the meetings in the preceding 12 months period will receive a pro rata refund less 1/26 of the annual membership paid, for each meeting that has been missed during the preceding 12 months period. No refund of the one-off registration/administration fee will be made. Should any member of the club that is being closed, also be a member of another BoB club a credit note will be issued for the remaining membership so that it can be used at the other club that they are a member of. In the event of a vacancy existing at another local BoB club we will offer to transfer the member from the club that is closing (no fee will be charged for transferring a member from a club that is to be closed to either a 'Live' club or a club that is 'In Formation').

BoB clubs are structured so that a Leadership team made up from the club membership are collectively able to run meetings, administer and market their BoB club utilising the online training and online tools that are provided by BoB clubs Head Office to all clubs throughout the World. This means that once a new club has been launched the Area Coordinator/Area Director/Regional Director /Country Director or Franchisee are not needed or required to attend any/all future club meetings.

Please Note: Refunds will not be made to any member who has paid the one-off registration fee and subsequently decides not to become a full member of that BoB club and/or fails to pay the annual membership fee that becomes due for payment within 14 days of the official launch date of that club. Please also see Membership Fees, Cancellation of Membership and Transfers sections of our Terms and Conditions 

Area Coordinators - the above refunds policy only applies to members, it does not apply to Area Coordinators who pay a onetime only, non-refundable payment, which covers the cost of online training to use the online Administration and Marketing System, a membership pack and marketing materials/support.

The above Refunds Policy supersedes all previous versions 

© Business over Breakfast Ltd

Note: the above information has been copied from https://www.bobclubs.com/refund

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12. Procedures

  1. The licensee/Franchisee will adhere to the procedures laid down by licensor.
  2. The licensee/Franchisee will ensure that all Leadership Team members of their clubs are trained for their role and carry out their duties as specified in the training as laid down in the club training manual.

 

Confidentiality

  1. Both parties agree not to divulge any information about the each other to any third party apart from their solicitors, Accountant or funding agencies without the prior consent of the other party.
  2. Both parties agree not to divulge information regarding this or any other additional licence agreement/s to any third party apart from their solicitor, Accountant or funding agency.
  3. The licensee will not divulge any information about Business over Breakfast (BoB) clubs, their procedures, their online marketing and/or administration system/s or their paperwork/documentation to any third party outside of the Membership of their clubs and their own organisation/company
     

14. Performance
The licensee will be expected to open a minimum of 3 new clubs within the first 18 months of both parties signing this agreement. Each of the 3 clubs will be expected to have a minimum of 15 members. Should a Licensee/Franchisee who has purchased an agreed geographic area fail to launch an acceptable number of operational clubs within the first 30 months of entering into this agreement the Licensor reserves the right to reduce the size of the agreed geographic area, which will allow the Licensee to concentrate on smaller area. All clubs established by the Licensee/Franchisee shall remain the property by that Licensee/Franchisee. The Licensor reserves the right to either establish clubs directly or sell a licence to another Licensee in the area that has been removed from the original license/franchise area.

15. Restrictions
The licensee/Franchisee agrees not to:

  1. Take on a licence or Franchise or associate to operate business networking/referral clubs within the UK while being a licence operator for Business over Breakfast Ltd at any time whilst being a BoB Clubs Licensee/Franchisee, for a period of 24 months after terminating or selling their licence or sub licences.
  2. Open any other business clubs for any other licence/franchise operation or within their own company or any company that they own or are in anyway connected with, within the country that this agreement applies to whilst being a licence operator for Business over Breakfast Ltd/BOB Clubs for a period of 24 months after terminating or selling their licence
  3. Promote/market membership to any other business networking clubs within the UK while being a licence operator for Business over Breakfast Ltd or for a period of 24 months after terminating or selling their licence or sub licence.

16. Review
The first review will take place 9 months after of the signing of this agreement therein and    after reviews will take place every 12 months.

17. Termination

  1. The licensee/Franchisee has the right to terminate the licence/Franchise agreement giving 30 days notice. The licensee/Franchisee would then have the right to resell their licence for the whole of or part of the areas specified in point 1.1 of this agreement. The licensee/Franchisee agrees to pay the licensor 15% of the value of the sale of a single area licence/Franchise or 15% of each sub Licence/Franchise that has been sold. Should the Licensee/Franchisee fail to sell their licence/Franchise within 6 months, all of the launched clubs will be assigned back to the Licensor
  2. The licensor retains the right to resell the licence/Franchise to another licensee/Franchisee should the current licensee/Franchisee decide not to continue operating Business over Breakfast Ltd/ TA BoB Clubs in the areas specified in point 1.1 of this agreement.
  3. Should the licensee fail to meet the targets outlined in point 14.1 of this agreement the licensor retains the right to sell a licensee to another person for the area outlined in point 1.1 of this agreement. However, all the clubs that the Licensee/Franchisee has opened and launched (with 15 or more members) will be assigned back to the Licensor, whereas clubs that have not yet been launched (which have 14 or fewer members) will be closed and the Licensee/Franchisee agrees to refund all monies received from those members who have paid their one off registration fee (provided that those founder members have attended a minimum of 80% of the meetings)
  4. Should the licensee decide to sell their licence to another person; the licensee agrees to pay the licensor 15% of the amount received from the sale of the licence. Should the licensee/Franchisee sell their licence or a sub licence; the new licensee/s will be required to enter into an agreement that is identical or similar to this agreement.
  5. In the event of the full licence or a sub licence being sold. The original licence holder agrees to pay the Licensor the sum of £1,500+expenses +VAT to cover the costs of setting up the online systems and carry out training for the new licensee/Franchisee or Sub licensee/Franchisee, this payment also includes a starter pack as outlined in point 20 of this agreement. The original Licensee/Franchisee can if they so wish charge the new licensee this amount in addition to the licensee fee they are charging. However, this amount will be payable to the Licensor, or this amount becomes payable to the Licensor by the new Licensee/ Franchisee

Please note: Should a licensee/Franchisee terminate this agreement and then fail to sell their licence within 365 days. The Licensor retains the right to take back the territory that this agreement relates to and sell it in full or in part to another existing or new Licensee/Franchisee

18. Licence costs

  1. The licensor is offering a licence/Franchise to operate clubs in the regions specified in point 1.1 of this agreement for a one off payment of £ (TO BE AGREED ) which gives the exclusive licence/Franchise rights to use the club management system for an unlimited number of clubs.
  2. Should the licensee/Franchisee  decide to discount the membership fee and/or not charge a membership fee for any member of any of their clubs; an amount equal to 15% of the normal fees will still be payable to the licensor. 
  3. The licensee/Franchisee agrees to pay the licensor 15% of the annual membership fee (excluding the registration fee) from members of each club they operate each year, from both new members and renewing members.
  4. Optionally, the licensee/Franchisee agrees to pay the licensor a maximum amount of £250 +Expenses (fuel, travel, accommodation etc.) + VAT to attend the inaugural meeting of their first club. Should the licensee/Franchisee request that the licensor attends additional meetings then the licensee/Franchisee will pay the licensor an amount of £250 + Expenses (fuel, travel, accommodation etc.) +VAT for each additional attendance.

19. Sub Licenses
The Licensee/Franchisee may if they so wish sell their own licence in full or divide into sub license/s in the regions as specified in point 1.1 of this agreement. In the event of the licensee/Franchisee selling a sub licence the Licensee/Franchisee will pay the licensor 15% of the amount received from the sale of the orignal licence or each sub licence/s. The sub licensee/Franchisee shall be bound by the terms and conditions laid down in a separate agreement. The licensee/Franchisee is not permitted to sell licences outside of the areas specified in point 1.1 of this agreement. A one off payment of £1,500+expenses +VAT to cover the costs of setting up the online systems and carry out training for each new Sub licensee/Franchisee, this payment also includes a starter pack as outlined in point 20 of this agreement, Payable by the original Licensee/Franchisee holder OR the sub Licensee/Franchisee).

20. Included in the licence/Franchise agreement

The following items will be included in the licence/Franchise agreement:

  1. 12 x membership packs (BoB badged)
  2. 12 x BoB lapel badges
  3. 100 x BoB brochures
  4. 100 x BoB Invitation cards
  5. 300 x Referral slips
  6. 1 x Chairman’s Guide per new club at no cost to the licensee
    NOT included in the licence/Franchise agreement

21. The following items are not included in the licence/Franchise agreement

  1. Additional Membership packs *2
  2. Additional Business card holders
  3. Additional BoB brochures*1
  4. Additional BoB Invitation cards*1
  5. Additional BoB Referral slips*2

*1 The licensor’s printer (printing.com) will provide the artwork to the licensee/Franchisee to enable the licensee to have the items printed locally OR they can be purchased from the licensor at cost price plus a charge for administration, postage/courier, packaging and VAT. Should the Licensee/Franchisee decide to have printed media printed locally the Licensee/Franchisee agrees that all current branding will be adhered to and that before approving printing that they will submit samples to the Licensor for approval

*2 The licensee/Franchisee will be able to purchase these items from the licensor at cost price plus a small charge for administration, postage and packaging and VAT OR the licensee can purchase them directly from the licensor’s printer or have them printed locally at their expense All printed material must be approved by the licensor BEFORE printing

All merchandise ordered from the licensor will be provided on a payment with order basis.

 

Agreement

Both parties have read, understood and approve the terms of the foregoing agreement

Signed:  ____________________________       Signed:  ____________________________

Print Name/Title:_____________________        Print Name/Title: ___________________

On behalf of: _Business over Breakfast Ltd_       On Behalf of: __Licensee/Franchisee_____

Dated: _____________________________        Dated: _____________________________