Terms & Conditions
Your Acknowledgments and Representations Regarding this Application
By completing and submitting this Application to Kolache Factory, You acknowledge and/or represent to Kolache Factory on your own behalf and behalf of your key officers and directors that:
- Kolache Factory is relying upon the information provided in this Application and upon the documents you submit in connection with, or in support of, this Application (including all business information, business plans and/or financial statements you provide).
- All information contained in, and documents submitted in connection with, this Application is true, correct and complete as of the date submitted and you understand that any misrepresentation or inaccuracy in the information provided by you will be grounds for termination of any franchise or development rights that Kolache Factory may grant to you based on the information in this Application. You will promptly inform Kolache Factory of any material change in any of the information or documents submitted.
- Neither the submission of this Application nor the execution of any definite agreements will violate or conflict with the terms of any other agreement to which you are a party or by which you are bound. You have not been induced by Kolache Factory to terminate or breach any agreement with respect to any opportunity to develop or operate Kolache Factory Restaurants.
- Kolache Factory does not enter into, and has not entered into, oral agreements or understandings with respect to (i) the development and operation of Kolache Factory Restaurants, or (ii) matters pertaining to the granting of development and franchise rights for Kolache Factory Restaurants.
- Kolache Factory has no obligation to grant to you development or franchise rights for Kolache Factory Restaurants and no such rights to develop or operate Kolache Factory Restaurants shall be granted or obtained unless and until definitive Development and/or Franchise Agreements are signed.
- Kolache Factory reserves the right to approve or reject this Application in its sole discretion, and if Kolache Factory rejects this Application, Kolache Factory shall have no liability to you or any other person or entity.
- Any projections and other financial information you provide Kolache Factory in connection with this Application is voluntarily provided or made by you and has or will have been prepared by you and/or your advisors. Kolache Factory has not, and will not, participate or provide any assistance to you in connection with the preparation of such projections or other financial information prepared by you. You further acknowledge that Kolache Factory has not, and will not, ratify, confirm, approve or make any other representations concerning the accuracy of such projections and/or information supplied by you, or that you will attain any particular level of financial performance indicated by such projections or other information. You hereby release and forever discharge Kolache Factory and its affiliates from any claims or liability arising from or related to the financial information and/or projections that you provide to Kolache Factory.
- You will indemnify Kolache Factory and its affiliates and the directors, employees, agents, representatives and assignees thereof and will hold them harmless from all liability, costs, damages and expenses (including legal and accounting fees and expenses) in connection with the breach of any contract or any representation, warranty or information contained in this Application or in connection with Kolache Factory’s reliance on such representations, warranties and information. Kolache Factory shall have the right independently to take any action it may deem necessary in its sole discretion, to protect and defend itself against any threatened action without regard to the expense, forum or other parties involved. Kolache Factory shall have sole and exclusive control over the defense of any such action (including the right to be represented by counsel of its choosing) and over the settlement, compromise or other disposition thereof.
- You will keep all oral and written information regarding the Kolache Factory franchise program that you may receive or have access to, in strict confidence for an indefinite time period, and will neither use for your own benefit nor disclose or divulge to any other person any part of such information.
- The terms of this Application will survive any approval or rejection of this Application by Kolache Factory.
Your Authorizations, Consents and Releases regarding this Application and Your Personal Information
- You understand that Kolache Factory will be requesting information from various companies, financial and other institutions, universities, credit reporting agencies, professional and academic certification law enforcement agencies, former employers, and/or the military, and you hereby authorize such entities to release any information that they may have about you to Kolache Factory and its agents and designees, and release them from any liability arising out of or related to their release of such information.
- You authorize all financial institutions holding funds or other property on your behalf or on behalf of any business entity in which you hold a beneficial interest, whether or not identified in this Application, to release all records including signature cards, statements and all documentation reflecting the source of deposited funds, whether the funds were received in the form of cash, credit, electronic fund transfer or wire transfer.
- You also authorize Kolache Factory and its agents and designees to obtain such credit and other civil and criminal investigative reports as they consider necessary to evaluate this Application, and understand that these reports may contain information about your background, mode of living, character and personal reputation. This authorization is valid for any current and future reports and updates that may be requested and you agree to execute all additional documents, waivers or releases that might be necessary for Kolache Factory or its agents and designees to obtain such information or reports.
- You may request a copy of your credit report with the Kolchae Factory representative you are working with.
- You further authorize Kolache Factory and its agents and designees to contact individuals or entities identified in this Application, or whose names arise in connection with the civil and criminal investigative reports described above for purposes of obtaining character references and verifying the information contained in this Application. You hereby authorize any individual or entity contacted by Kolache Factory or its agent or designee to provide all requested information, and release them from any liability arising out of or related to their release of such information.