Buffalo Wild Wings 2005 Annual Report Download - page 98

B. Training. You must, at your expense, comply with all of the
training requirements we prescribe for the Restaurant to be
developed under this Agreement. The Control Person, the Unit General
Manager and at least one of your assistant managers must attend
training and complete training to our satisfaction. The training
requirements may vary depending on our assessment of the experience
of the Control Person, the Unit General Manager and the assistant
managers or other factors specific to the Restaurant. In the event
you are given notice of default as set forth in subparagraphs 13.A
and B and the default relates, in whole or in part, to your failure
to meet any operational standards, we have the right to require as a
condition of curing the default that you, the Control Person, the
Unit General Manager and the assistant managers, at your expense,
comply with the additional training requirements we prescribe. Any
new Control Person or Unit General Manager must comply with our
training requirements immediately after being appointed by you.
Under no circumstances may you permit management of the Restaurant's
operations by a person who has not successfully completed to our
reasonable satisfaction all applicable training we require.
C. Ongoing Training. We may require the Control Person, the Unit
General Manager, the assistant managers and other key employees of
the Restaurant to attend, at your expense, ongoing training at our
training facility, the Authorized Location or other location we
designate. In addition, we may develop and require you to purchase
an in−restaurant training program.
D. Staffing. You will employ a sufficient number of competent and
trained employees to insure efficient service to your customers. You
must require all your employees to work in clean uniforms approved
by us, but furnished at your cost or the employees' cost as you may
determine. No employee of yours will be deemed to be an employee of
ours for any purpose whatsoever.
E. Attendance at Meetings. You and the Control Person must attend,
at your expense, all annual franchise conventions we may hold or
sponsor and all meetings relating to new products or product
preparation procedures, new operational procedures or programs,
training, restaurant management, sales or sales promotion, or
similar topics. If you or the Control Person are not able to attend
a meeting or convention, you must notify us prior to the meeting and
must have a substitute person acceptable to us attend the meeting.
In addition, your Unit General Manager(s) must attend the annual
training meeting for Unit General Managers that we may hold or
sponsor, at your own expense. We reserve the right to require that
you and/or your Control Person attend any additional meetings that
we deem appropriate under special circumstances, provided however,
that we will not require more than one additional meeting every year
and we will give you written notice of any such meeting at least 10
days prior to the meeting.
ADVERTISING
8. You agree to actively promote your Restaurant, to abide by all
of our advertising requirements and to comply with the following provisions:
A. Advertising Fund. You must pay to us an Advertising Fee as set
forth in subparagraph 9.C. All Advertising Fees will be placed in an
Advertising Fund that we own and manage. On behalf of our company
and affiliate owned restaurants (except for "Special Sites"), we
will pay the same Advertising Fee as similarly situated franchised
restaurants (based on age and type of location) in the same local
marketing area. The Advertising Fund is not a trust or escrow
account, and we have no fiduciary obligation to franchisees with
respect to the Advertising Fund; provided, however, we will make a
good faith effort to expend such fees in a manner that we determine
is in the general best interests of the System. We have the right to
determine the expenditures of the amounts collected and the methods
of marketing, advertising, media employed and contents, terms and
conditions of marketing campaigns and promotional programs. Because
of the methods used, we are not required to spend a prorated amount
on each restaurant or in each advertising market. We have the right
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