(8) Prospective Franchisee Information Forms Ohcal Updated - 2010

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    OhCal Foods Canada

    PROSPECTIVE FRANCHISEE INFORMATION FORM

    Name and Address of ProspectiveFranchisee(s)

    Telephone # Cell #

    Fax # E-mail

    1. Do you, or have you, or any of your partners (active or silent) now own orhave ever owned a Subway store? If yes, list the Store #, address,Franchisee(s), Partner(s) and percentage ownership of each Partner.

    ________________________________________________________________

    2. Why are you interested in becoming a Subway Franchisee?

    3. Have you received a brochure and Franchise Offering Circular from SubwayHeadquarters or anyone else? If yes, who and when?

    4. If you are approved, to open a new Subway store what area of South-WesternOntario are you interested in?

    5. If you are approved, are you interested in purchasing an existing Subwaystore, and if so which one?

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    6. If you are requesting approval to purchase an existing store have you spokento any store owners or signed an agreement to buy a store?

    7. If you are approved, and the Subway store you purchase (existing store ) orbuild (new store) is not in the city/town that you currently have your primary homeaddress in , OhCal foods Canada requests (unless waived by the DA) theFranchisee to move to an address that will be your primary residence, for theentire period that you own the Subway Store, that is within a quick drivingdistance (defined at the DAs discretion) from the store. Do you intend to dothis?

    8. Where do you intend to maintain your primary residence (be a specific aspossible)?

    9. If you need to move so that you are within a quick driving distance from thestore, you must fax to 519-850-9401 (all documents required to be faxed shouldbe faxed to this number) a copy of your house real estate listing or apartmentlease termination prior to final DA approval. Do you intend to do this?

    10. Is financing required to purchase the Subway store? _______. If yes, has it

    been approved ________ and if so for how much? . Please faxproof of financing approval from all sources (including financial institutions,family, friends, partners, business associates etc.) and provide all of the terms ofthe financing, including interest rate, term of loan, monthly payments and anyother details with respect to financing e.g., if lender becomes a partner orshareholder of the Subway business entity as a result of providing financing.

    11. If any type of financing (bank, business associate, family, friend etc) isrequired, what collateral is being used to guarantee the loan?

    12. Please fax proof of all unencumbered cash (see below for definition ofunencumbered cash).to be used to purchase the store. Proof can be in the formof a bank statement or letter from the bank. List in detail all of the sources of allcash, other than the amount financed, that is being used to purchase the Subwaystore. In other words, where did the cash come from (e.g. previous or present

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    business; savings from employment)? You must be very specific and provideproof of all your sources of all cash. Please indicate the exact amounts of allcash, including unencumbered cash. For the purpose of this form,unencumbered cash means cash that has no liabilities associated with it and isnot burdened in any way to another person or organization. This cash should

    represent funds that were earned from your previous business or youremployment income and must belong to you, the prospective Franchisee(s). Thiscash must not have been given or loaned to you, to invest in a Subway store, bysomeone else and there is no obligation whatsoever to repay the cash, interestor any other payback associated with these funds, to another person ororganization.

    `

    13. Do you know that there is a 20 minute multiple choice mathematics test anda 20 minute multiple choice verbal test that must be passed as part of theapproval process to purchase a Franchise?

    14. Have you, or any of your partners, taken this test in the South WesternOntario area, or in a Subway area other than South Western Ontario, and if yeswhich partners, when, for what Subway store, and what were the results?

    15. Do you know that if the test was taken in an area other than OhCal FoodsCanada, regardless of the results, all partners applying to become Franchiseesmust take the test again, which will be given by OhCal Foods Canada staff?

    __________________________________________

    16. Do you know that if you are approved to purchase a Subway Franchise thatyou must attend and pass a two week training course in Milford, Connecticut orMontreal, Quebec?

    17. If you and your partners (if any) are approved to attend training, are youpermitted to enter the U.S.A. for this training?

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    18. Do you intend to fax (519-850-9401) proof of Canadian citizenship, or otherlegal status, for all Franchisees and partners that are, or are not, Canadiancitizens?

    19. Have any of the prospective Franchisees or partners, at any time in therecent past or present, applied to emigrate to the U.S.A. or any other country? Ifyes, which country and when?

    20. If you are approved to build a new Subway store or buy an existing Subwaystore, and you move to within a quick driving distance from the store, do youintend to subsequently move to the U.S.A. or any other city, county, province orcountry during the period that you own the Subway Franchise? Yes ________No _______. If yes, please explain.

    ________________________________________________________________

    ________________________________________________________________

    21. Please give a brief description of your past educational and employmentbackground and attach a complete resume. You may not be approved unless a

    detailed resume is attached when you fax back this information form to OhCalFoods Canada.

    22. Please give a description of all businesses that you, and all your partners,have been involved with for the past 15 years. _______________

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    23. Describe the success or failure of any past businesses and give details anddates. Describe, if applicable, why you changed businesses and/or employment.

    24. If there is a period, or periods, in your employment or business backgroundwhen you were not employed, please describe what you did during that period(s).

    25. Do you intend to fax a list of all the home addresses for all partners for thepast 10 years? _________If yes, please attach.

    26. Do you have previous experience in the food or restaurant industry? If yes,provide details.

    27. List the names of the prospective buyers that appear on the PurchaseAgreement who would like to become Franchisees, if the transfer is approved.

    28. List the names of the prospective buyers that appear on the PurchaseAgreement who do not wish to become Franchisees. Also, explain in detail therole they will play in the operation of the Subway store, if the transfer isapproved.

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    ________________________________________________________________29. Will you run the Subway store on a full time day-to-day basis?

    30. If you do not run the Subway store on a full time day-to-day basis who willand what are his/her qualifications?

    31. If you do not run the Subway store on a full time day-to-day basis, how muchtime per week will you spend either at the store or being involved in the Subway

    Franchise (please explain what type of involvement you will have)?

    32. Will other family members or friends work at the store and if yes, how manyand to what extent and what are the qualifications of each?

    33. Do you realize that every Subway store is visited (often unannounced) atleast once a month for the purpose of a written evaluation regarding theoperation of the store, or secret shopped or for other purposes, and that storesare required to be in compliance with Subways Operations Manual at all times?

    34. Do you fully understand that 100% of all Royalties, Advertising Funds, taxesand other Subway monetary obligations are the personal and legal responsibilityof YOU (the Franchisee) to pay?

    35. Do you understand that if your are approved to purchase a SubwayFranchise, that in addition to the civil processes or actions available, that youmay also be subject to criminal actions if you intentionally do not report the full

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    100% Royalties, Advertising Funds and other monetary obligations required ofyou as a Subway Franchisee?

    36. To be successful Franchisees must be co-operative, conscientious andcapable. Co-operation is required for Franchisees to operate their store in

    accordance with the Subway Operations Manual. Franchisees must also beconscientious when it comes to store operations and they must be capable ofrunning the store effectively on a day-to-day basis. Please briefly state some ofyour accomplishments that would indicate that you have these characteristics.

    37. Do you know that Subway is undergoing a remodeling program that involvesexisting stores that have not yet been remodeled and that these stores mustswitch to the newest Tuscany dcor? _______ Please discuss the remodelschedule for this Subway store with the current owner. Remodels are based onwhen the store opened, or the previous remodel dates.

    38. Do you understand that if you are approved to purchase an existing Subwaystore, and the remodel is due at or before the time of the transfer, but regardlessof the reason, it has not been started or completed at the time of the transfer youmay be responsible to begin remodeling the store at your cost immediatelyfollowing the transfer date?

    39. Have you made an offer to purchase, or discussed the possibility ofpurchasing, any other Subway stores in the past 10 years? If yes please providefull details including the store addresses, dates, and the outcome of each offer topurchase or discussion.

    ________________________________________________________________

    _______________

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    40. All partners or shareholders (even if they are not going to be Franchisees)must complete a separate information form and fax to 519-850-9401. List thenames and percentage ownership for all partners or shareholders for the Subwaystore you are applying for

    41. Do you understand that your failure to fully and truthfully answer allquestions that appear in this information form, and at all times abide by suchrelevant answers, and to provide the requested accurate information may resultin you not being approved to become a Subway Franchisee, now or at any othertime in the future for any other existing or new Subway Franchise?

    42. The general policy of OhCal Foods Canada is that new Franchisees cannotbuy additional new or existing stores for at least one year (from the day a newstore opens or an existing store is transferred) after the new Franchisee startsoperating his/her first store and between subsequent stores that are approved. Ifyou request to buy an existing store, or open a new store, after one year, it willbe considered but there is absolutely no guarantee that you will be approved byOhCal Foods Canada(DA) at that time. One of the criteria for approval, butcertainly there are others, is the compliance record of the existing store. If, atany time after one year, you would like to buy an existing store, you must send a

    written request to OhCal Foods Canada in advance of discussing the purchaseor making an offer to an existing Subway Franchisee. After one year, for a newstore, you must notify OhCal Foods Canada in writing of your interest, beforedoing anything else. All OhCal Foods Canada policies etc. may be changed atOhCal Foods Canadas sole discretion at any time without notice. Pleaseacknowledge that you understand these policies, if you are approved to becomea Subway Franchisee at this time, by writing yes I understand in the followingspace

    ________________________________

    Understood and truthfully completed by

    Print Name

    Date Signature

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