Initial Training Program. 6.1.1 Operator shall, at all times, employ a general manager and one or more assistant managers and other employees acceptable to Franchisor each of whom shall have been trained and qualified as "Barristas" in accordance with Franchisors policies and standards, and at least one of whom shall be working at the Coffeehouse at all times while the Coffeehouse is open to the public. At no extra charge, Franchisor shall provide an initial training program in the Franchisor's System and methods of operation to up to 5 persons selected by Operator who shall be the general manager and assistant manager(s) of the Coffeehouse. Said initial training program shall consist of up to 4 weeks of training, as Franchisor in its reasonable judgment may determine, at one or more of the following locations: (i) Franchisor's corporate headquarters in Irvine, California, (ii) at a Franchisor-owned or franchised coffeehouse, (iii) at Operator's Location, or (iv) at such place or places as may be designated by Franchisor. In the case of a Operator which is a Business Entity, Franchisor may require the general manager to be an Owner, officer or other designated representative selected by Operator and acceptable to, and approved by Franchisor ("Designated Operator Representative"). Subject to Section 6.1.4, Franchisor will bear its costs of providing the initial training program concurrently to up to 5 persons pursuant to this Section 6.1.1, including Franchisor's staff salaries, materials, and all technical training tools. Operator shall pay all travel, living, compensation, and other expenses, if any, incurred by Operator and/or Operator's employees in connection with attendance at training programs. Operator may not open its Coffeehouse until such training shall have been successfully completed by Operator's general manager, assistant manager and Operator's management team and staff has been certified by Franchisor. Franchisor shall pay no compensation for any services performed by trainee(s) in connection with such training programs. 6.1.2 The contents of the initial training program and manner of conducting such program shall be at Franchisor's sole discretion and control, however, the training course will be structured to provide practical training in the implementation and operation of a Coffeehouse and may include such topics as on-site coffee and espresso drink and food preparation, Barrista training, use of point of sale cash register and/or computer systems, inventory, cash handling, ▇▇▇▇▇▇▇▇ Coffee standards, personnel management, marketing techniques, reports, equipment maintenance, safety and security, customer service techniques and financial controls. 6.1.3 Franchisor shall provide the initial training at no additional charge pursuant to Sections 6.1.1 and 6.
Appears in 1 contract
Initial Training Program. 6.1.1 Operator Franchisee shall, at all times, employ a general manager and one or more assistant managers and other employees acceptable to Franchisor Company each of whom shall have been trained by Company or by a trainer certified by Company and qualified as "Barristas" “Barista” in accordance with Franchisors Company's policies and standards, and at least one of whom shall be working at the “▇▇▇▇▇▇▇▇ Coffee” Coffeehouse at all times while the “▇▇▇▇▇▇▇▇ Coffee” Coffeehouse is open to the public. At no extra charge, Franchisor Company shall provide an initial training program in the FranchisorCompany's System and methods of operation to up to 5 persons selected by Operator Franchisee and who shall be include the general manager and assistant manager(s) of the “▇▇▇▇▇▇▇▇ Coffee” Coffeehouse. Said initial training program shall consist of up to 4 5 weeks of training, as Franchisor in its reasonable judgment Company may determine, at one or more of the following locations: (i) FranchisorCompany's corporate headquarters in Irvine, California, (ii) at a FranchisorCompany-owned or franchised coffeehouse, (iii) at OperatorFranchisee's Location, or (iv) at such place or places as may be designated by FranchisorCompany. In the case of a Operator Franchisee which is a Business Entity, Franchisor Company may require the general manager to be an Owner, officer or other designated representative selected by Operator Franchisee and acceptable to, and approved by Franchisor Company ("“Designated Operator Franchisee Representative"”). Subject to Section Sections 6.1.3 and 6.1.4, Franchisor Company will bear its costs of providing the initial training program concurrently to up to 5 persons pursuant to this Section 6.1.1, including FranchisorCompany's staff salaries, materials, and all technical training tools. Operator Franchisee shall pay all travel, living, compensation, and other expenses, if any, incurred by Operator Franchisee and/or OperatorFranchisee's employees in connection with attendance at training programs. Operator Franchisee may not open its “▇▇▇▇▇▇▇▇ Coffee” Coffeehouse until such training shall have been successfully completed by OperatorFranchisee's general manager, assistant manager and OperatorFranchisee's management team and staff has been certified by FranchisorCompany. Franchisor Company shall pay no compensation for any services performed by trainee(s) in connection with such training programs.
6.1.2 The contents of the initial training program and manner of conducting such program shall be at FranchisorCompany's sole discretion and control, however, the training course will be structured to provide practical training in the implementation and operation of a “▇▇▇▇▇▇▇▇ Coffee” Coffeehouse and may include such topics as on-site coffee and espresso drink and food preparation, Barrista Barista training, use of point of sale cash register and/or computer systems, inventory, cash handling, ▇▇▇▇▇▇▇▇ Coffee standards, personnel management, marketing techniques, reports, equipment maintenance, safety and security, customer service techniques and financial controls.
6.1.3 Franchisor Company shall provide the initial training at no additional charge pursuant to Sections 6.1.1 and 66.1.2 only if this is the first “▇▇▇▇▇▇▇▇ Coffee” Coffeehouse operated by Franchisee, and not if Franchisee has otherwise previously received such training for this Location. Unless otherwise agreed in writing by Company, the Designated Franchisee Representative shall become a certified trainer and thereafter train Franchisee's “▇▇▇▇▇▇▇▇ Coffee” Coffeehouse general manager, assistant manager(s) and other employees pursuant to Section 6.1.4.
6.1.4 Unless waived by Company, each of Franchisee's general managers, assistant managers and staff shall have satisfactorily completed Company's initial training program as required pursuant to Section 6.1.1, provided, however, that if general manager or Designated Franchisee Representative has been approved by Company as a certified trainer, Franchisee's general manager, assistant managers or staff for the “▇▇▇▇▇▇▇▇ Coffee” Coffeehouse may be trained by such certified trainer in lieu of attending Company's initial training program as required pursuant to Section 6.1.1. Should Company determine that any general manager's, assistant manager's or other employee's training is unsatisfactory, Company may require such person(s) (or a replacement trainee acceptable to Company) to undergo further training by Company at a time scheduled by Company, until Company is satisfied that Franchisee's trainee has satisfactorily completed the training course and Franchisee shall advance or reimburse, at Company's option, all direct and indirect costs and expense that Company may incur for the wages, lodging, subsistence and travel of Company's personnel, if conducted at the “▇▇▇▇▇▇▇▇ Coffee” Coffeehouse in Company's discretion, for the duration of the extended training and Company's then current standard training fee. Franchisee acknowledges that because of Company's superior skill and knowledge with respect to the training and skill required to manage the “▇▇▇▇▇▇▇▇ Coffee” Coffeehouse, its judgment as to whether or not the Franchisee or his manager has satisfactorily completed such training shall be determined by Company in its sole subjective judgment, exercised in good faith.
Appears in 1 contract