BODYBAR Franchising

(6) We will make available to you a business management software program that you will use in the operation of your Studio. Currently, the approved and required software for use in the Studio is “Mariana Tek,” an online/web-based business management program. You will pay the third- party vendor directly for all fees associated with the use of the software. We have the right to access any and all information stored in the program that pertains to the Studio through file transfer protocol or polling through the Internet, at our discretion.

Upon request, you must give us a quarterly report of your local advertising expenditure within 15 days following the end of each calendar quarter. You cannot include expenditures for any of the following to satisfy your Local Advertising Requirement: (i) incentive programs for your employees or agents; (ii) charitable, political or other contributions or donations; (iii) Studio fixtures or equipment; (iv) paid website listings; (v) grand opening expenses; or (vi) Social Media Platform and Social Media Materials described below (vii) third party agency or management fees. (Franchise Agreement, Section VIII.B.) You are prohibited from using any Social Media Platforms (defined as web based platforms such as Facebook, X, LinkedIn, Instagram, Snapchat, BeReal., TikTok, blogs and other networking and sharing sites currently in existence or that may come into existence at a later date) or use Social Media Materials (defined as any material on any Social Media Platform that makes use of or contains our Marks, name, brand, products or your Franchise whether created by us, you or a third- party) without our prior written consent and without granting us primary administrative rights to such account, site or page if we require you to do so. We do not have to agree to any use of Social Media Platforms by you. We may, in our sole discretion, prohibit the use of any Social Media Platforms by you or all System franchisees. (Franchise Agreement, Section IX.F.) You may be asked to participate in marketing tests, pilots and surveys. If you are approved to participate, you may be required to enter into an agreement that outlines all the requirements for marketing tests and surveys. All test and survey requirements, processes and procedures must be adhered to, and any applicable costs will be your responsibility. You must provide complete data statistics on the tests or surveys for our review and evaluation. Since such tests and surveys involve the evaluation and analysis of product pricing in a test environment, we will recommend pricing to effectively evaluate the full scope of the test.

You will not have any right to update, upgrade, amend or host the Website. The Website and its content are updated based upon our judgment of what is appropriate; all changes, deletions and additions are at our sole discretion. We may restrict, limit, control or designate nearly every aspect of your use of websites, the Internet, intranets, worldwide web home pages or e-mail, and require you to participate in a centralized website. You may not establish any website, blog, Instagram account, Snapchat account, Facebook page, X account, TikTok account, BeReal. account, Google Business Profile account, Apple business account, email distribution list, or other World Wide Web or Internet-based presence which uses or displays any of our intellectual property without our prior written consent, and, at our sole option, you will take such action necessary to cause certain websites, including, but not limited to, Facebook, Instagram, X and other such mediums, currently in existence or developed in the future, to assign primary administrative rights to us for your Franchise. We will then, at our sole discretion, provide you with subordinate administrative access to, and guidelines for your use of, such mediums, so that you may promote your business locally. We also have the right to request that you turn over all passwords to any social media websites or similar internet-based mediums immediately upon creation. Upon termination or expiration of the Franchise Agreement, we will remove your administrative access, and we retain ownership and control of all content created during the franchise term.

You will not have any right to update, upgrade, amend or host the Website. The Website and its content are updated based upon our judgment of what is appropriate; all changes, deletions and additions are at our sole discretion. We may restrict, limit, control or designate nearly every aspect of your use of websites, the Internet, intranets, worldwide web home pages or e-mail, and require you to participate in a centralized website. You may not establish any website, blog, Instagram account, Snapchat account, Facebook page, X account, TikTok account, BeReal. account, Google Business Profile account, Apple business account, email distribution list, or other World Wide Web or Internet-based presence which uses or displays any of our intellectual property without our prior written consent, and, at our sole option, you will take such action necessary to cause certain websites, including, but not limited to, Facebook, Instagram, X and other such mediums, currently in existence or developed in the future, to assign primary administrative rights to us for your Franchise. We will then, at our sole discretion, provide you with subordinate administrative access to, and guidelines for your use of, such mediums, so that you may promote your business locally. We also have the right to request that you turn over all passwords to any social media websites or similar internet-based mediums immediately upon creation. Upon termination or expiration of the Franchise Agreement, we will remove your administrative access, and we retain ownership and control of all content created during the franchise term.

Upon request, you must give us a quarterly report of your local advertising expenditure within 15 days following the end of each calendar quarter. You cannot include expenditures for any of the following to satisfy your Local Advertising Requirement: (i) incentive programs for your employees or agents; (ii) charitable, political or other contributions or donations; (iii) Studio fixtures or equipment; (iv) paid website listings; (v) grand opening expenses; or (vi) Social Media Platform and Social Media Materials described below (vii) third party agency or management fees. (Franchise Agreement, Section VIII.B.) You are prohibited from using any Social Media Platforms (defined as web based platforms such as Facebook, X, LinkedIn, Instagram, Snapchat, BeReal., TikTok, blogs and other networking and sharing sites currently in existence or that may come into existence at a later date) or use Social Media Materials (defined as any material on any Social Media Platform that makes use of or contains our Marks, name, brand, products or your Franchise whether created by us, you or a third- party) without our prior written consent and without granting us primary administrative rights to such account, site or page if we require you to do so. We do not have to agree to any use of Social Media Platforms by you. We may, in our sole discretion, prohibit the use of any Social Media Platforms by you or all System franchisees. (Franchise Agreement, Section IX.F.) You may be asked to participate in marketing tests, pilots and surveys. If you are approved to participate, you may be required to enter into an agreement that outlines all the requirements for marketing tests and surveys. All test and survey requirements, processes and procedures must be adhered to, and any applicable costs will be your responsibility. You must provide complete data statistics on the tests or surveys for our review and evaluation. Since such tests and surveys involve the evaluation and analysis of product pricing in a test environment, we will recommend pricing to effectively evaluate the full scope of the test.

Upon request, you must give us a quarterly report of your local advertising expenditure within 15 days following the end of each calendar quarter. You cannot include expenditures for any of the following to satisfy your Local Advertising Requirement: (i) incentive programs for your employees or agents; (ii) charitable, political or other contributions or donations; (iii) Studio fixtures or equipment; (iv) paid website listings; (v) grand opening expenses; or (vi) Social Media Platform and Social Media Materials described below (vii) third party agency or management fees. (Franchise Agreement, Section VIII.B.) You are prohibited from using any Social Media Platforms (defined as web based platforms such as Facebook, X, LinkedIn, Instagram, Snapchat, BeReal., TikTok, blogs and other networking and sharing sites currently in existence or that may come into existence at a later date) or use Social Media Materials (defined as any material on any Social Media Platform that makes use of or contains our Marks, name, brand, products or your Franchise whether created by us, you or a third- party) without our prior written consent and without granting us primary administrative rights to such account, site or page if we require you to do so. We do not have to agree to any use of Social Media Platforms by you. We may, in our sole discretion, prohibit the use of any Social Media Platforms by you or all System franchisees. (Franchise Agreement, Section IX.F.) You may be asked to participate in marketing tests, pilots and surveys. If you are approved to participate, you may be required to enter into an agreement that outlines all the requirements for marketing tests and surveys. All test and survey requirements, processes and procedures must be adhered to, and any applicable costs will be your responsibility. You must provide complete data statistics on the tests or surveys for our review and evaluation. Since such tests and surveys involve the evaluation and analysis of product pricing in a test environment, we will recommend pricing to effectively evaluate the full scope of the test.

Upon request, you must give us a quarterly report of your local advertising expenditure within 15 days following the end of each calendar quarter. You cannot include expenditures for any of the following to satisfy your Local Advertising Requirement: (i) incentive programs for your employees or agents; (ii) charitable, political or other contributions or donations; (iii) Studio fixtures or equipment; (iv) paid website listings; (v) grand opening expenses; or (vi) Social Media Platform and Social Media Materials described below (vii) third party agency or management fees. (Franchise Agreement, Section VIII.B.) You are prohibited from using any Social Media Platforms (defined as web based platforms such as Facebook, X, LinkedIn, Instagram, Snapchat, BeReal., TikTok, blogs and other networking and sharing sites currently in existence or that may come into existence at a later date) or use Social Media Materials (defined as any material on any Social Media Platform that makes use of or contains our Marks, name, brand, products or your Franchise whether created by us, you or a third- party) without our prior written consent and without granting us primary administrative rights to such account, site or page if we require you to do so. We do not have to agree to any use of Social Media Platforms by you. We may, in our sole discretion, prohibit the use of any Social Media Platforms by you or all System franchisees. (Franchise Agreement, Section IX.F.) You may be asked to participate in marketing tests, pilots and surveys. If you are approved to participate, you may be required to enter into an agreement that outlines all the requirements for marketing tests and surveys. All test and survey requirements, processes and procedures must be adhered to, and any applicable costs will be your responsibility. You must provide complete data statistics on the tests or surveys for our review and evaluation. Since such tests and surveys involve the evaluation and analysis of product pricing in a test environment, we will recommend pricing to effectively evaluate the full scope of the test.