I understand that the granting of a franchise is at the sole discretion of the
Franchisor (PROHVAC.COM, PROHVAC.NET, PROHVAC.ORG, PROHVAC.INFO, PROHVAC.US, PROHVAC.BIZ, PROHVAC, PERSONABLE RELIABLE ORGANIZED HONEST VALIANT ATTENTIVE CONTRACTORS, or its affiliates). 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.
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 PROHVAC® franchise from Franchisor, pursuant to the laws of Connecticut, USA 1
and by binding arbitration only. The arbitration shall be administered by the
American Arbitration Association (“AAA”) or its successor (“AAA”) in accordance
with its administrative rules including, as applicable, the Commercial Rules of
the AAA and under the Expedited Procedures of such rules or under the Optional
Rules For Emergency Measures of Protection of the AAA. In the event that the
AAA is no longer in business, arbitration shall be administered by the American
Dispute Resolution Center or its successor (ADRC”) in accordance with its
administrative rules. If both AAA and ADRC are no longer in business, then the
parties will agree upon an alternative agency to administer the arbitration. I
agree that arbitration will be held in Bridgeport, Connecticut, USA 2, 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, 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 PROHVAC® franchise from
Franchisor (the “Dispute”), pursuant to the laws of the Netherlands 3 and by binding arbitration only.
The arbitration will be held in accordance with the United Nations Commission on International Trade Regulations and Law
(UNCITRAL) Arbitration Rules administered by the International Centre for Dispute Resolution or its successor (‘ICDR”),
an affiliate of the American Arbitration Association. In the event that the ICDR is no longer in business,
arbitration will be held in accordance with the UNCITRAL Arbitration Rules administered by the American Dispute
Resolution Center or its successor (“ADRC”). If both ICDR and ADRC are no longer in business, then the parties
will mutually agree upon an alternative arbitration agency to administer the arbitration. I agree that arbitration will be
held in New York, New York, USA 4, conducted in English and decided by a single arbitrator.
3 If I am a resident of Brazil, Colombia, Ecuador, Mexico, Egypt, India, the Philippines or Thailand,
local laws will apply. If I am a resident of South Africa, the laws of Connecticut, USA will apply. If I am a resident of Australia,
the laws of Queensland will apply.
4 If I am a resident of Argentina, Austria, Belgium, Brazil, Colombia, Ecuador, Egypt, Liechtenstein, or
Thailand, arbitration will be held in my country. 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 held in Queensland under the UNCITRAL Arbitration Rules to
be administered by an arbitration association, such as the American Arbitration
Association or the Institute of Arbitrators or Mediators Australia. If I am a
resident of Brazil, arbitration will be administered by the Mediation and
Arbitration Chamber of São Paulo. If I am a resident of Germany, arbitration will be held
in the Netherlands to be administered by the Netherlands Arbitration Institute. If
I am a resident of South Africa, arbitration will held in Connecticut, USA.
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 proof of amounts listed as Liquid
Assets above by providing copies of my bank statements for the past three (3)
months as verification.
2014