I understand that the granting of a franchise is at the sole discretion of the Franchisor (Doctor’s Associates Inc., Subway Franchise Systems of Canada, Ltd., Subway International, B.V, Subway Systems do Brasil Ltda., Subway Partners Colombia, C.V., Subway Systems India, Private Limited, Sandwich and Salad Franchises of South Africa, (Pty) Ltd, Subway Systems Australia, Pty. Ltd. or its affiliate). I understand that I must be a citizen or permanent resident of the United States or Canada to purchase a franchise to be located in the respective country and that I must provide the requisite proof to the Franchisor prior to any franchise sale or transfer. For any franchise to be located outside of the United States or Canada, I understand that I must provide the requisite photo identification to the Franchisor to verify my identity prior to any sale or transfer and upon request during the term of any franchise agreement entered into with the Franchisor.
I understand that any information I receive from the Franchisor or from any employee, agent or franchisee of the Franchisor or its affiliate is highly confidential ("Confidential Information"), has been developed with a great deal of effort and expense to the Franchisor, and is being made available to me solely because of this application. I agree that I shall treat and maintain all Confidential Information as confidential, and I shall not, at any time, without the express written consent of the Franchisor, disclose, publish, or divulge any Confidential Information to any person, firm, corporation or other entity, or use any Confidential Information, directly or indirectly, for my own benefit or the benefit of any person, firm, corporation or other entity, other than for the benefit of the Franchisor.
I authorize the Franchisor or its designee to procure an investigative consumer report, a general background search and an investigation in accordance with anti-terrorism legislation, such as the USA Patriot Act and Executive Order 13224 enacted by the US Government (collectively referred to as “Investigations”). I understand that these Investigations may reveal information about my background, character, general reputation, mode of living, association with other individuals or entities, creditworthiness, litigation history and job performance (collectively referred to as “Investigation Data”). I understand that, upon written request, within a reasonable period of time, I am entitled to additional information concerning the nature and scope of these Investigations. I hereby release any representative of the Franchisor or its affiliate, a credit bureau, security consultant or other investigative service provider selected by the Franchisor, its affiliates, officers,
agents, employees, and/or servants (collectively referred to as the “Investigator”) from any liability arising from the preparation of these Investigations.
This authorization for release of information includes but is not limited to matters of opinion relating to Investigation Data. I authorize all persons, schools, companies, corporations, credit bureaus, law enforcement agencies or other investigative service providers to release such information without restriction or qualification to the Investigator. I voluntarily waive all recourse and release them from liability for complying with this authorization. This authorization/release shall apply to this as well as any future request for these Investigations by the above named individuals or entities. I authorize that a photocopy or facsimile of this release be considered as valid as the original.
US, PUERTO RICO, GUAM AND CANADA
I agree that I will settle any and all previously unasserted claims, disputes or controversies arising out of or relating to my application or candidacy for the grant of a SUBWAY® franchise from Franchisor, pursuant to the laws of Connecticut, USA1 and by binding arbitration only. I agree that the arbitration will be administered by either the American Arbitration Association or its successor (“AAA”) or the American Dispute Resolution Center or its successor (“ADRC”) at the discretion of the party first filing a demand for arbitration. I understand that AAA will administer the arbitration in accordance with its administrative rules (including, as applicable, the Commercial Rules of the AAA and the Expedited Procedures of such rules), and ADRC will administer the arbitration in accordance with its administrative rules (including, as applicable, the Rules of Commercial Arbitration or under the Rules for Expedited Commercial
Arbitration). If both AAA and ADRC are no longer in business, then I understand that the parties will mutually agree upon an alternative administrative arbitration agency. If the parties cannot mutually agree, then the parties agree to take the matter to a court of competent jurisdiction to select the agency. I agree that arbitration will be held in Bridgeport, Connecticut, USA2, conducted in English and decided by a single arbitrator.
1 If I am a resident of Canada, Ontario laws will apply, unless I am a resident of Alberta, Prince Edward Island, or New Brunswick, in which case local provincial law will apply.
2 If I am a resident of Ontario, I agree that arbitration will be held under the Ontario Arbitrations Act in Toronto, Ontario, Canada. If I am a resident of Alberta, I agree that arbitration will be held under the Alberta Arbitrations Act in Calgary, Alberta. If I am a resident of Prince Edward Island, I agree that arbitration will be held under the Prince Edward Island Arbitration Act, in Charlottetown, Prince Edward Island. If I am a resident of New Brunswick, I agree that arbitration will be held under The New Brunswick Arbitrations Act in Fredericton, New Brunswick.
EUROPE, LATIN AMERICA, US VIRGIN ISLANDS, ASIA (excluding Japan), SOUTH AFRICA, MIDDLE EAST, AUSTRALIA AND NEW ZEALAND
I agree that I will settle any and all previously unasserted claims, disputes or controversies arising out of or relating to my application or candidacy for the grant of a SUBWAY® franchise from Franchisor (the “Dispute”), pursuant to the substantive laws of the Netherlands3 and by binding arbitration only. I agree that the arbitration process will be administered by the International Centre for Dispute Resolution or its successor (“ICDR”). I understand that if ICDR is no longer in business, the arbitration process will be administered by the American Dispute Resolution Center or its successor (“ADRC”). If both ICDR and ADRC are no longer in business, then I understand that the parties will mutually agree upon an alternative administrative arbitration agency. If the parties cannot mutually agree, then the parties agree to take the matter to a court of competent jurisdiction to select the agency. I agree that the arbitration process will be completed as quickly as possible and an award should be made on the basis of the files and records unless one of the parties expressly desires an oral hearing. If either party requests an oral hearing, then I agree that New York, New York, USA4 shall be the site for all arbitration hearings. The language of the arbitration will be English. For all procedural aspects of the arbitration not specifically addressed above, I understand that the administrative arbitration agency will apply the United Nations Commission on International Trade Law (“UNCITRAL”) Arbitration Rules in effect when either party gives the other written demand for arbitration. For any procedural aspects of the arbitration not specifically addressed above or in the UNCITRAL Rules, I understand that the governing law of the arbitration site will apply.
3 If I am a resident of Brazil, Colombia, Ecuador, Mexico, Egypt, India, the Philippines or Thailand, local substantive laws will apply. If I am a resident of South Africa, the substantive laws of Connecticut, USA will apply. If I am a resident of Australia, the substantive laws of Queensland will apply.
4 If I am a resident of Argentina, Austria, Belgium, Brazil, Colombia, Ecuador, Egypt, Netherlands or Thailand, arbitration will be held in my country. If I am a resident of Brazil, arbitration will be administered by the Conciliation, Mediation and Arbitration Chamber CIESP/FIESP. If I am a resident of Germany, Italy or the Netherlands, arbitration will be held in the Netherlands to be administered by ICDR. In the event that ICDR is no longer in business, the arbitration process will be administered by the Netherlands Arbitration Institute or its successor (“NAI”). If both ICDR and NAI are no longer in business, then the parties will mutually agree upon an alternative arbitration agency to administer the arbitration process. If I am a resident of South Africa, arbitration will held in Connecticut, USA. If I am a resident of Australia, I agree to non-binding mediation of the Dispute prior to filing for arbitration, which will be conducted in Australia under the auspices of a mediation service from my State or Territory that the Franchisor and I mutually agree upon. I further agree that if the Dispute is not resolved through the mediation process, arbitration will be administered by the Institute of Arbitrators and Mediators Australia or its successor (“IAMA”). In the event that the IAMA is no longer in business, the arbitration process will be administered by the Australian Centre for International Commercial Arbitration or its successor (“ACICA”). If both IAMA and ACICA are no longer in business, then the parties will mutually agree upon an alternative arbitration agency to administer the arbitration process.
JAPAN
I agree that I will settle any dispute, controversy or claim arising out of or relating to this application or candidacy for the grant of a SUBWAY® franchise from Franchisor (the “Dispute”) pursuant to the substantive laws of Japan and by binding arbitration only. I further agree that the arbitration process shall be administered by the Japan Commercial Arbitration Association or its successor (“JCAA”) in accordance with the Administrative and Procedural Rules for Arbitration under the the United Nations Commission on International Trade Law (“UNCITRAL”) Arbitration Rules. I understand that if the JCAA is no longer in business, then the parties will mutually agree upon an alternative administrative arbitration agency. I further agree that the place of arbitration shall be Tokyo, Japan and the language of the arbitration shall be English. There shall be one arbitrator. I understand that the arbitration process will be completed as quickly as possible and that an award should be made on the basis of documentary evidence unless one of the parties expressly desires an oral hearing.
Everything that I have stated in this application is true and I understand that the information provided by me will be relied upon by the Franchisor. In accordance with anti-terrorist legislation, I understand that I will not be approved to purchase a franchise if I have ever been a suspected terrorist or associated directly or indirectly with terrorist activities. I read, understand, and agree to all of the above. Additionally, I understand that the Franchisor may require me to pass a standardized Math and English exam. I understand that I will be required to provide the Franchisor with copies of my bank statements for the past three (3) months as verification of the liquid assets listed in the my financial statement submitted to the Franchisor.
2016
