Bruster's

Item 11

We will have the independent right to access information stored in your systems, and there are no contractual limitations on that right.

Item 8

We (and possibly one of our affiliates) are the only designated supplier for certain items (including ice cream for use in store and some retail items including bagged ice cream, merchandise, and apparel) that you must buy for the operation of your Franchised Business.

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There is presently a Franchise Advisory Board composed of between seven and fifteen franchisees that advise us on, among other things, advertising strategies.

Item 16

We may change the approved product offerings and any related merchandising and promotional materials at any time.

Item 8

We have the right to collect and retain all manufacturing allowances, marketing allowances, rebates, credits, monies, payments or benefits (collectively, “Allowances”) offered by suppliers to you or to us (or our affiliates) based upon franchisee purchases of Products, equipment, and other goods and services.

Item 8

Either you or the proposed new supplier must pay us a charge (which will not exceed the reasonable cost of the inspection and the actual cost of the tests).

Item 8

Approval of Alternative Suppliers If you want to buy any supplies, or any other items from an unapproved supplier, you first must submit to us a written request asking for our approval to do so.

Item 1

You must also follow the Payment Card Industry Data Security Standards and comply with applicable privacy laws relating to customer credit card transactions.

Item 8

Bruster’s FDD (2026) Page 21 Bruster's - 2026 FDD A (27) You must allow us or our agents, at any reasonable time, to inspect the Franchised Business and to remove samples of items or products, without payment, in amounts reasonably necessary for inspection or testing by us or a third party to determine whether those…

Item 11

We reserve the right to periodically update and modify the contents and format of the Confidential Brand Manual (which currently has 246 pages).

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You may not change the location of your Franchised Business without our written consent, which we are not required to give.

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You are also required to spend at least $7,000 to $10,000 for grand opening marketing and promotional programs in conjunction with your Franchised Business’ initial grand opening, pursuant to a grand opening marketing plan that you develop and that we approve in writing (the “Grand Opening Marketing Program”).

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(1) If a Regional Fund for the geographic area in which the Franchised Business is located has already been established when you start operating under the Franchise Agreement, then you will have to immediately become a member of that Regional Fund.

Item 8

We (and possibly one of our affiliates) are the only designated supplier for certain items (including ice cream for use in store and some retail items including bagged ice cream, merchandise, and apparel) that you must buy for the operation of your Franchised Business.

Item 8

You may not buy items from any supplier that we do not approve in writing, and you must stop buying items from any supplier that we may have approved but later disapprove.

Item 6

All fees due to us or our affiliates (such as royalty fees, advertising contributions, amounts due for your purchases from us or our affiliates, and other amounts due under the Franchise Agreement) must be paid through electronic funds transfer (using the ACH network).

Item 11

We currently require you to use the following technology systems in the Franchised Business:

Item 11

We will have the independent right to access information stored in your systems, and there are no contractual limitations on that right.

Item 11

We will bear the cost of providing the instruction and required materials, except for additional and replacement training.