Advanced_Mobile_Iv_And_Amiv 2023 Franchise FAQ - FDD Ninja

Question 1

What actions are the owners, shareholders, partners, members, etc. of an Advanced Mobile Iv And Amiv franchise prohibited from doing?

Accepted Answer

usiness (including business in formation) engaged or to be engaged in the sale or rental at wholesale or retail or on the Internet of intravenous therapies and hydration services and products or similar products or services of any kind or any business that offers products or services that are essentially the same as, or substantially similar to, the products and services that are part of the Licensed Methods. We may waive this covenant only in writing.

You will assure that you and your owners, directors, officers, partners, shareholders, members, employees, consultants, and agents, during the term of this Agreement and for a period of **2** years after expiration or termination of this Agreement do not:

- A. divert or directly or indirectly attempt to divert any of our business or any of our customers to any competing establishment;
- B. employ or seek to employ any person we employ or any other person who is at that time operating or employed by or at any of our franchises or otherwise directly or indirectly induce these persons to leave their employment; nor
- C. do or perform, directly or indirectly, any other act injurious or prejudicial to our goodwill associated with the Marks and Licensed Methods

The running of the periods of time specified by this Section will be tolled and suspended for any period of time during which a court or arbitrator determines you to have been in violation of this Section.

If, for any reason, any provision set forth in this Subsection is determined to exceed any lawful scope or limit as to duration, geographic coverage, or otherwise, it is agreed that the provision will nevertheless be binding to the full scope or limit allowed by law or by a court of law. The duration, geographic coverage and scope allowable by law or court of law will apply to this Agreement.

#### 26 – **ADVANCED MOBILE IV** FRANCHISE AGREEMENT

![](_page_94_Picture_0.jpeg)

The provisions relating to interests in any other business will not apply to your ownership of outstanding securities of any corporation whose securities are publicly held and traded. Provided that you hold these securities for investment purposes only and that your total holdings do not constitute more than **5%** of the outstanding securities of the corporation.

You will obtain written covenants from your owners, shareholders, members, partners, directors, officers, employees, consultants, distributors, and agents in a form satisfactory to us that these persons will comply with the provisions of this Section.

You and we stipulate that, in light of all of the facts and circumstances of the relationship between you and us, the covenants, restrictions and agreements referred to in this Section (including without limitation their scope, duration and geographic extent) are fair and reasonably necessary for the protection of our confidential information, goodwill and other protectable interests. If a court of competent jurisdiction should decline to enforce any of those covenants and agreements, you and we request the court to reform these provisions to restrict your use of confidential information, non-solicitation, ability to compete with us, and any other covered topics to the maximum extent, in time, scope of activities, and geography, the court finds enforceable under applicable law.

5.7 **Notice of Court Action and Complaints.** You will notify us in writing within **5** days of the commencement of any action, suit or proceeding, or of the issuance of any order, writ, injunction, award or decree of any court, agency or government instrumentality, which may adversely affect your operation of or the financial condition of the Franchise.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 2

What is the total estimated initial investment range required to establish an Advanced Mobile Iv And Amiv franchised business?

Accepted Answer

g)

# **7. ESTIMATED INITIAL INVESTMENT**

#### **YOUR ESTIMATED INITIAL INVESTMENT**

| EXPENDITURE | AMOUNT | PAYMENT METHOD | WHEN DUE | TO WHOM |
|---|---|---|---|---|
| Initial Franchise Fee | $35,000 to $85,000 (depending on Franchise Tier) | Check or Wire Transfer | One-half upon execution of the Franchise Agreement, remaining one- half 30 days after signing. | Us |
| Initial Nurse Kits | $5,100 to $10,200 | Check or Wire Transfer | Upon | Our affiliate Advanced Mobile Distribution, LLC |
| Business | $100 to $500 | As Incurred | Prior to Opening | Government |
| Licenses and |  |  |  | agencies, Local |
| Permits |  |  |  | City etc. |
| Travel and Living Expenses to Attend Optional Headquarters Training | $0 to $5,000 | As Incurred | During Training | Airlines, Hotels, Restaurants, etc. |
| Office and | $0 to $2,000 | As Incurred | Prior to Opening | Supplier |
| Computer |  |  |  |  |
| Equipment, |  |  |  |  |
| Software |  |  |  |  |
| Cell Phone | $300 to $360 ($100 to $120/month) | As Incurred | Before Starting Operations | Suppliers |
| Supplies and | $3,000 | As incurred | Before Opening | Our affiliate and |
| Equipment |  |  |  | suppliers |
| Advertising Materials | $2,000 | As Incurred | As Incurred during startup | Us and Approved Suppliers |
![](_page_19_Picture_0.jpeg)

| EXPENDITURE | AMOUNT | PAYMENT METHOD | WHEN DUE | TO WHOM |
|---|---|---|---|---|
| Clothing and | $0 to $500 | As Incurred | As Incurred | Approved |
| Uniforms |  |  | during startup | Suppliers |
| Vehicle/ | $0 to $4,000 | As Incurred | Prior to Opening | Suppliers |
| Transportation |  |  |  |  |
| Insurance | $2,500 to $3,500/year | As Incurred | Upon Operation | Insurers |
| Software Fee | $1,500 ($500/month) | As Incurred | Monthly | Franchisor or Third Parties |
| Medical Director | $1,500 | Monthly | Monthly | Medical Director |
| Fee | ($500/month) |  |  | Stipend |
| Professional Fees | $0 to $5,000 | As Incurred | Before Opening | Attorneys, Accountants, Consultants |
| Miscellaneous | $0 to $2,000 | As Incurred | As Incurred | Suppliers |
| Opening Costs |  |  |  |  |
| Additional | $4,000-$10,000 | As Incurred | As Incurred | Employees, |
| Funds –3 |  |  |  | Suppliers, |
| months(1)(2) |  |  |  | Utilities, etc.

Source: Item 7 — ESTIMATED INITIAL INVESTMENT (FDD pages 19–22)

Question 3

What was the total number of Advanced Mobile Iv And Amiv outlets at the end of 2021?

Accepted Answer

| Outlet Type | Year | Outlets at the Start of the Year | Outlets at the End of the Year | Net Change |
|---|---|---|---|---|
| Franchised | 2020 | 0 | 0 | +0 |
|  | 2021 | 0 | 0 | +0 |
|  | 2022 | 0 | 17 | +17 |
|  | 2023 | 17 | 16 | -1 |
| Company or | 2020 | 0 | 0 | +0 |
| Affiliate Owned |  |  |  |  |
|  | 2021 | 0 | 1 | +1 |
|  | 2022 | 1 | 1 | +0 |
|  | 2023 | 1 | 1 | +0 |
| Total Outlets | 2020 | 0 | 0 | +0 |
|  | 2021 | 0 | 1 | +1 |
|  | 2022 | 1 | 18 | +17 |
|  | 2023 | 18 | 17 | -1 |

Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 50–54)

Question 4

What was the total number of Advanced Mobile Iv And Amiv outlets at the end of 2022?

Accepted Answer

| Outlet Type | Year | Outlets at the Start of the Year | Outlets at the End of the Year | Net Change |
|---|---|---|---|---|
| Franchised | 2020 | 0 | 0 | +0 |
|  | 2021 | 0 | 0 | +0 |
|  | 2022 | 0 | 17 | +17 |
|  | 2023 | 17 | 16 | -1 |
| Company or | 2020 | 0 | 0 | +0 |
| Affiliate Owned |  |  |  |  |
|  | 2021 | 0 | 1 | +1 |
|  | 2022 | 1 | 1 | +0 |
|  | 2023 | 1 | 1 | +0 |
| Total Outlets | 2020 | 0 | 0 | +0 |
|  | 2021 | 0 | 1 | +1 |
|  | 2022 | 1 | 18 | +17 |
|  | 2023 | 18 | 17 | -1 |

Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 50–54)

Question 5

What was the total number of Advanced Mobile Iv And Amiv outlets opened in Nevada during the years 2020-2023?

Accepted Answer

ear | Number of Transfers |
|---|---|---|
| Total | 2020 | 0 |
|  | 2021 | 0 |
|  | 2022 | 0 |
|  | 2023 | 0 |
![](_page_50_Picture_0.jpeg)

#### **Table No. 3 STATUS OF FRANCHISED OUTLETS As of December 31 for Years 2020 to 2022 and as of July 31, 2023**

Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 50–54)

Question 6

What was the total number of Advanced Mobile Iv And Amiv outlets at the start of 2023?

Accepted Answer

| Outlet Type | Year | Outlets at the Start of the Year | Outlets at the End of the Year | Net Change |
|---|---|---|---|---| 
| Franchised | 2020 | 0 | 0 | +0 |
|  | 2021 | 0 | 0 | +0 |
|  | 2022 | 0 | 17 | +17 |
|  | 2023 | 17 | 16 | -1 |
| Company or | 2020 | 0 | 0 | +0 |
| Affiliate Owned |  |  |  |  |
|  | 2021 | 0 | 1 | +1 |
|  | 2022 | 1 | 1 | +0 |
|  | 2023 | 1 | 1 | +0 |
| Total Outlets | 2020 | 0 | 0 | +0 |
|  | 2021 | 0 | 1 | +1 |
|  | 2022 | 1 | 18 | +17 |
|  | 2023 | 18 | 17 | -1 |

Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 50–54)

Question 7

What is the total projected number of new franchised Advanced Mobile Iv And Amiv outlets expected to open in the next fiscal year, according to the table?

Accepted Answer

| State | Franchise Agreements Signed But Outlet Not Opened | Projected New Franchised Outlets in the Next Fiscal Year | Projected New Company-Owned Outlets in the Current Fiscal Year |
|---|---|---|---| 
| Arizona | 0 | 1 | 0 |
| Maryland | 1 | 0 | 0 |
| Nevada | 0 | 1 | 0 |
| Texas | 0 | 1 | 0 |
| Washington | 1 | 0 | 0 |
| TOTALS | 2 | 3 | 0 |

Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 50–54)

Question 8

What is the breakdown of the estimated initial investment for Advanced Mobile Iv And Amiv (Item 7), and which expenses are non-refundable?

Accepted Answer

g)

# **7. ESTIMATED INITIAL INVESTMENT**

#### **YOUR ESTIMATED INITIAL INVESTMENT**

| EXPENDITURE | AMOUNT | PAYMENT METHOD | WHEN DUE | TO WHOM |
|---|---|---|---|---|
| Initial Franchise Fee | $35,000 to $85,000 (depending on Franchise Tier) | Check or Wire Transfer | One-half upon execution of the Franchise Agreement, remaining one- half 30 days after signing. | Us |
| Initial Nurse Kits | $5,100 to $10,200 | Check or Wire Transfer | Upon | Our affiliate Advanced Mobile Distribution, LLC |
| Business | $100 to $500 | As Incurred | Prior to Opening | Government |
| Licenses and |  |  |  | agencies, Local |
| Permits |  |  |  | City etc. |
| Travel and Living Expenses to Attend Optional Headquarters Training | $0 to $5,000 | As Incurred | During Training | Airlines, Hotels, Restaurants, etc. |
| Office and | $0 to $2,000 | As Incurred | Prior to Opening | Supplier |
| Computer |  |  |  |  |
| Equipment, |  |  |  |  |
| Software |  |  |  |  |
| Cell Phone | $300 to $360 ($100 to $120/month) | As Incurred | Before Starting Operations | Suppliers |
| Supplies and | $3,000 | As incurred | Before Opening | Our affiliate and |
| Equipment |  |  |  | suppliers |
| Advertising Materials | $2,000 | As Incurred | As Incurred during startup | Us and Approved Suppliers |
![](_page_19_Picture_0.jpeg)

| EXPENDITURE | AMOUNT | PAYMENT METHOD | WHEN DUE | TO WHOM |
|---|---|---|---|---|
| Clothing and | $0 to $500 | As Incurred | As Incurred | Approved |
| Uniforms |  |  | during startup | Supp

Question 9

What are all the fees that Advanced Mobile Iv And Amiv franchisees must pay, as detailed across Item 5 and Item 6?

Accepted Answer

0,000 |
| Tier 4 | 450,000 to 600,000 persons | $85,000 |
If you desire a Franchise Territory larger than 600,000 persons of population, or to later add additional territory to your Franchise Territory, you must pay an additional Initial Franchise Fee of \$0.14 per person for every person of population above 600,000 or above the population of your original Franchise Territory, subject to territorial availability and approval. All territory and areas comprising the Franchise Territory must be contiguous and must be approved by us. The population in your designated Franchise Territory is determined based upon recent United States census data and estimates and chamber of commerce information, but we will make the final determination.

Simultaneous with the execution of the Franchise Agreement, you will pay to us one-half of the Initial Franchise Fee. The remaining half is due 30 days after signing the Franchise Agreement. The Initial Franchise Fee is paid in consideration for our sales expenses, administrative overhead, return on investment, and start-up costs related to the execution of the Franchise Agreement, the opening of the Franchise, and for our lost or deferred opportunity to sell franchises in the Franchise Territory to others.

You must also purchase from our affiliate Advanced Mobile Distribution, LLC 2 to 4 initial nurse kits currently at the average purchase price of **\$2,550** each. The nurse kits contain an initial inventory of needles, water and saline bags, and most common IVs.

Our initial training program includes optional training at our headquarters in St. George, Utah. If you participate in such on-site training, you are responsible for and must pay all transportation, lodging, meals, and other expenses that you or your manager incur related to attending training at our headquarters. You must arrange your travel through third party vendors not affiliated with us. Amounts paid to third parties may be refundable, depending upon the contracts or other arrangements between them and you.

If you do not pass the entire mandatory training course to our satisfaction we may terminate the Franchise Agreement without refunding any of the Initial Franchise Fee or any other amounts paid to us, our affiliate, or others for training or travel reimbursement.

You must open the franchise within the earlier of **180** days after the date of the Franchise Agreement or **60** days after successful completion of the initial training program. If this obligation is not fulfilled, we may elect to terminate the Franchise Agreement without refunding any of the Initial

Question 10

How does the Initial Franchise Fee for Advanced Mobile Iv And Amiv in Item 5 relate to the territory designation described in Item 12?

Accepted Answer

0,000 |
| Tier 4 | 450,000 to 600,000 persons | $85,000 |
If you desire a Franchise Territory larger than 600,000 persons of population, or to later add additional territory to your Franchise Territory, you must pay an additional Initial Franchise Fee of \$0.14 per person for every person of population above 600,000 or above the population of your original Franchise Territory, subject to territorial availability and approval. All territory and areas comprising the Franchise Territory must be contiguous and must be approved by us. The population in your designated Franchise Territory is determined based upon recent United States census data and estimates and chamber of commerce information, but we will make the final determination.

Simultaneous with the execution of the Franchise Agreement, you will pay to us one-half of the Initial Franchise Fee. The remaining half is due 30 days after signing the Franchise Agreement. The Initial Franchise Fee is paid in consideration for our sales expenses, administrative overhead, return on investment, and start-up costs related to the execution of the Franchise Agreement, the opening of the Franchise, and for our lost or deferred opportunity to sell franchises in the Franchise Territory to others.

You must also purchase from our affiliate Advanced Mobile Distribution, LLC 2 to 4 initial nurse kits currently at the average purchase price of **\$2,550** each. The nurse kits contain an initial inventory of needles, water and saline bags, and most common IVs.

Our initial training program includes optional training at our headquarters in St. George, Utah.

Question 11

What are the ongoing fees that Advanced Mobile Iv And Amiv franchisees must pay, as detailed in Item 6, and how do these fees relate to the franchisor's ongoing assistance described in Item 11?

Accepted Answer

Franchisee will pay to Franchisor a monthly royalty fee (the "Royalty Fee") equal to **5%** of the total Gross Revenue derived from the Franchise during the preceding month.

This fee is due monthly in the manner specified below or as otherwise prescribed from time to time in our franchise disclosure document or the Operations Manual described in Section 5, below.

Beginning in the 13th month of franchise relationship, you are required to pay to us 1% of your monthly Gross Sales as an Advertising Fee (see Item 6, above).

website for all bookkeeping, accounting, and reporting. This is included in the $500 per month Software Fee. There are additional Stripe payment processing fees.

You must fully participate in all of our advertising and promotional programs and events, but you do not have the opportunity to approve or disapprove of our advertising and promotions, although we do welcome your thoughts, suggestions, and recommendations. Currently we promote our franchises through internet and social media. We may also advertise through print and direct mail media. Advertising programs may be implemented locally and regionally through advertising cooperatives. We may use in-house advertising departments and may use regional advertising agencies. We may provide to you advertising materials and sales aids for you to use in your local advertising and promotional efforts. We use your Marketing Fees for internet and social media advertising at times and using platforms and services we deem to be in the best interest of our franchisees and our franchise system. This includes Google, Facebook, Instagram, Tik Tok, Twitter, and YouTube, produced by in house content creators, and private SEO firm contractors.

We may utilize financial and other data received from you and your computer systems. To provide transparency in the franchise system and for reporting purposes, we may publish any of your financial and other data so received on our franchisee intranet and disclosure documents; this information may include without limitation sales, lead volume, closing ratio, cost of goods and services sold, etc.

Question 12

What are the ongoing fees that Advanced Mobile Iv And Amiv franchisees must pay (Item 6), and how are these fees allocated to different aspects of the franchise system, such as marketing, training, and support?

Accepted Answer

Beginning in the fourth month following the Effective Date of this Agreement, and for every month thereafter during the Term, you must order and purchase at least $500 in product from us, our affiliate, or designated supplier for the operation of the Franchise. You must always have enough supplies on hand to meet customer demand. When purchase equipment, inventory, and supply items from us or our affiliates, payment must be made when you place your order.

Beginning in the 13th month of franchise relationship, you are required to pay to us 1% of your monthly Gross Sales as an Advertising Fee (see Item 6, above). We reserve the right to temporarily lower, suspend, or rebate the Advertising Fee at any time, upon prior written notice to you and to our other franchisees. We will administer the capital we receive as Marketing Fees and direct all regional and national advertising programs with sole discretion over the creative ideas, materials, endorsements, placement, and allocation of overhead expenses. We may use the Advertising Fee to maintain, administer, direct, prepare, and review national, regional, or local advertising materials and programs as we, in our sole discretion, deem proper. We are under no obligation to use the Advertising Fee to ensure that expenditures are proportionate to contributions of franchisees for any given market area or that any franchise benefits directly or proportionately from the development or placement of advertising. We shall not be obligated to expend all or any part of the Marketing Fees we receive during any specific period.

The technology and software attaches to a specific telephone number that you will use in all of your franchise advertising and promotional materials and in your franchise operations. We will own and exercise complete control of this telephone number. The telephone line and associated number are paid for by us from the Software Fees that you pay to us. We may turn off or prohibit you to use or access the phone number if you do not pay to us the Software Fees or if you are not otherwise in good standing under your franchise agreement with us. You will point and connect our telephone number that is assigned to your franchise to your own separate telephone line. You will use no other telephone number to advertise and promote your franchise.

Question 13

What are the ongoing fees that Advanced Mobile Iv And Amiv franchisees must pay (Item 6), and how do these fees compare to the fees charged by other mobile IV therapy franchises?

Accepted Answer

time | Immediately upon demand | See Notes 5 and 6 below. | ^\*Unless otherwise indicated above, all fees are imposed by and payable to us. All fees are non-refundable. Note 1. "Gross Sales" Defined. "Gross Sales" means all receipts generated by the Franchise from any source, including, but not limited to, intravenous or IV vitamin therapies and medication and hydration infusion and memberships, subscriptions, sales, services, products, charges, contracts, and any other type of remuneration and excludes discounts, refunds and sales taxes. **AMIV** FRANCHISE DISCLOSURE DOCUMENT 17 ![](_page_17_Picture_0.jpeg) Credit transactions will be included in Gross Sales as of the date of the transaction without deduction for uncollected credit accounts. Note 2. Taxes. You must pay any taxes imposed as a result of your payment to us of initial or ongoing fees. Note 3. We May Return Funds to You or Use Funds for Regional Co-op Programs. We will have the right to expend all, or any portion of, the Marketing Fees for the creation of co-op advertising programs as outlined in Item 11, below. Note 4. Advertising Fee. We reserve the right to temporarily lower, suspend, or rebate the Advertising Fee at any time, upon prior written notice to you and to our other franchisees. Advertising Fee payments are in addition to and exclusive of any sums that you may decide or be required to spend on local advertising and promotion. We have sole discretion over the creative ideas, materials, endorsements, media, placement, and allocation of monies related to use of the Advertising Fee. The Advertising Fee is used to maintain, administer, direct, prepare, and review national, regional, and local advertising materials and programs and to cover our related overhead as we in our sole discretion deem necessary.

Question 14

What are the ongoing fees that Advanced Mobile Iv And Amiv franchisees must pay (Item 6), and how are these fees used to support the development and implementation of new marketing and advertising campaigns?

Accepted Answer

oduced by in house content creators, and private SEO firm contractors.

#### **Marketing Fees**

**AMIV** FRANCHISE DISCLOSURE DOCUMENT 32

![](_page_32_Picture_0.jpeg)

Beginning in the 13th month of franchise relationship, you are required to pay to us 1% of your monthly Gross Sales as an Advertising Fee (see Item 6, above). We reserve the right to temporarily lower, suspend, or rebate the Advertising Fee at any time, upon prior written notice to you and to our other franchisees. We will administer the capital we receive as Marketing Fees and direct all regional and national advertising programs with sole discretion over the creative ideas, materials, endorsements, placement, and allocation of overhead expenses. We may use the Advertising Fee to maintain, administer, direct, prepare, and review national, regional, or local advertising materials and programs as we, in our sole discretion, deem proper. We are under no obligation to use the Advertising Fee to ensure that expenditures are proportionate to contributions of franchisees for any given market area or that any franchise benefits directly or proportionately from the development or placement of advertising. We shall not be obligated to expend all or any part of the Marketing Fees we receive during any specific period.

Each of our company-owned and affiliate-owned AMIV operations offering products and services similar to our franchisees will make advertising contributions equivalent to the contribution percentage required of our franchisees.

Any Marketing Fees not used in the fiscal year in which they were contributed will be applied and used for advertising expenses in the following year.

We require that most advertising materials note that franchises are available. We do not intend to use marketing fees or assessments we collect from our franchisees for advertising that is principally to solicit the sale of new franchises.

#### **Summary of Marketing Fee Contributions and Expenses for Fiscal Year Ended December 31, 2022**

| Expenses: Advertising and Promotion | \$0 | 0.0% |
|----------------------------------------|-----|------|
| Total expenses:                        | \$0 | 0.0% |
| Advertising fee contributions*:        | \$0 | 0.0% |
| Excess of expenses over contributions: | \$0 | 0.0% |

The Marketing Fees are administered by us. The Marketing Fees are not audited. We receive payment from the Marketing Fees for providing certain marketing support services. You may obtain an accounting of the Marketing Fees and expenditures upon written request to us.

Question 15

What are the ongoing fees that Advanced Mobile Iv And Amiv franchisees must pay (Item 6), and what services or support do they receive in return (Item 11)?

Accepted Answer

them and either add them to the Marketing Fund, use them for programs that benefit all franchisees such as conventions and administration of purchasing programs, use them to provide supplemental training and promotional services to Advanced Mobile IV franchisees, or return them at reasonable times to all Advanced Mobile IV franchisees pro rata, based upon the volume of related business.

Beginning in the fourth month following the Effective Date of this Agreement, and for every month thereafter during the Term, you must order and purchase at least \$500 in product from us, our affiliate, or designated supplier for the operation of the Franchise. You must always have enough supplies on hand to meet customer demand. When purchase equipment, inventory, and supply items from us or our affiliates, payment must be made when you place your order.

Any products and goods sold, licensed, or leased by or through us to you will be sold, licensed, or leased in accordance with the terms expressly set forth in the Operations Manual or as otherwise provided for in writing by us or the manufacturer of the products and goods. **EXCEPT AS EXCLUSIVELY SET FORTH IN WRITING AND SIGNED BY US, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND GOODS, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT RESTRICTED TO, THE IMPLIED WARRANTY OF TITLE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. UNDER NO CIRCUMSTANCES WILL OUR LIABILITY IN CONNECTION WITH ANY PRODUCTS OR GOODS EXCEED THE DOLLAR AMOUNT OF THE PURCHASE PRICE OR LICENSE FEE PAID BY YOU FOR THE PRODUCTS OR GOODS. IN NO EVENT WILL WE BE LIABLE TO ANY PARTY, INCLUDING BUT NOT LIMITED TO, YOU AND YOUR CUSTOMERS, FOR ANY TORT DAMAGES OR INDIRECT, SPECIAL, GENERAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR ANTICIPATED PROFITS AND LOSS OF GOODWILL, ARISING IN CONNECTION WITH THE USE OF (OR INABILITY TO USE) THE PRODUCTS OR GOODS FOR ANY PURPOSE WHATSOEVER, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF POTENTIAL LOSS OR DAMAGES**.

We will not be liable to you if we are unable to deliver equipment, inventory or supply items to you because of any loss, damage, or delay caused by strikes, riots, fire, insurrection, war, elements, embargoes, failure of carriers, inability to obtain transportation facilities, forces majeure, acts of God or of the public enemy, or any other cause beyond our control.

You will purchase all products, supplies and materials required for the operation of the Franchise from manufacturers, suppliers or distributors approved by us. All specifications that we require of you and lists of

#### 13 – **ADVANCED MOBILE IV** FRANCHISE AGREEMENT

![](_page_81_Picture_0.jpeg)

approved suppliers will be included in the Operations Manual. We will use our best judgment to set and modify specifications in order to maintain the integrity and quality of the franchise system.

You must sell, offer for sale, distribute or deliver only such services or products that meet the specifications and standards of quality and quantity in the Operations Manual. You must sell or offer to sell all approved items and services. You must refrain from deviating from our standards and specifications and must discontinue selling or offering for sale any such items as we may, in our discretion, disapprove in writing at any time.

You are required to maintain an inventory of authorized and approved equipment and supplies sufficient in quantity to satisfy customer demand.

We do not require you to offer any sort of warranty or guaranty on any products or services.

With advance written notice, you may request our approval to obtain products, supplies or materials from sources that we have not previously approved. We may require you to give us sufficient information, photographs, drawings, samples, and other data to allow us to determine whether the items from these other sources meet our specifications and standards, as established from time to time. These specifications and standards will relate to quality, taste, texture, composition, absorbency, strength, finish and appearance, and the suppliers' capacity and facility to supply your needs in the quantities, at the times, and with the reliability necessary for efficient operation and at competitive prices. We may require that samples from any supplier be delivered to a designated independent testing laboratory for testing prior to approval and use. You will reimburse us for the actual cost of the tests.

Question 16

What are the payment methods for the Initial Franchise Fee for Advanced Mobile Iv And Amiv in Item 5, and how do they compare to the payment methods for other initial investments listed in Item 7?

Accepted Answer

| EXPENDITURE | AMOUNT | PAYMENT METHOD | WHEN DUE | TO WHOM |
|---|---|---|---|---|
| Initial Franchise Fee | $35,000 to $85,000 (depending on Franchise Tier) | Check or Wire Transfer | One-half upon execution of the Franchise Agreement, remaining one- half 30 days after signing. | Us |
| Initial Nurse Kits | $5,100 to $10,200 | Check or Wire Transfer | Upon | Our affiliate Advanced Mobile Distribution, LLC |
| Business | $100 to $500 | As Incurred | Prior to Opening | Government |
| Licenses and |  |  |  | agencies, Local |
| Permits |  |  |  | City etc. |
| Travel and Living Expenses to Attend Optional Headquarters Training | $0 to $5,000 | As Incurred | During Training | Airlines, Hotels, Restaurants, etc. |
| Office and | $0 to $2,000 | As Incurred | Prior to Opening | Supplier |
| Computer |  |  |  |  |
| Equipment, |  |  |  |  |
| Software |  |  |  |  |
| Cell Phone | $300 to $360 ($100 to $120/month) | As Incurred | Before Starting Operations | Suppliers |
| Supplies and | $3,000 | As incurred | Before Opening | Our affiliate and |
| Equipment |  |  |  | suppliers |
| Advertising Materials | $2,000 | As Incurred | As Incurred during startup | Us and Approved Suppliers |

Question 17

What is the range of the Initial Franchise Fee for Advanced Mobile Iv And Amiv as detailed in Item 5, and how does it compare to the estimated initial investment range in Item 7?

Accepted Answer

| EXPENDITURE | AMOUNT | PAYMENT METHOD | WHEN DUE | TO WHOM |
|---|---|---|---|---|
| Initial Franchise Fee | $35,000 to $85,000 (depending on Franchise Tier) | Check or Wire Transfer | One-half upon execution of the Franchise Agreement, remaining one- half 30 days after signing. | Us |

Question 18

What is the total estimated initial investment for Advanced Mobile Iv And Amiv (Item 7), and how does it break down across different categories of expenditure?

Accepted Answer

g)

# **7. ESTIMATED INITIAL INVESTMENT**

#### **YOUR ESTIMATED INITIAL INVESTMENT**

| EXPENDITURE | AMOUNT | PAYMENT METHOD | WHEN DUE | TO WHOM |
|---|---|---|---|---|
| Initial Franchise Fee | $35,000 to $85,000 (depending on Franchise Tier) | Check or Wire Transfer | One-half upon execution of the Franchise Agreement, remaining one- half 30 days after signing. | Us |
| Initial Nurse Kits | $5,100 to $10,200 | Check or Wire Transfer | Upon | Our affiliate Advanced Mobile Distribution, LLC |
| Business | $100 to $500 | As Incurred | Prior to Opening | Government |
| Licenses and |  |  |  | agencies, Local |
| Permits |  |  |  | City etc. |
| Travel and Living Expenses to Attend Optional Headquarters Training | $0 to $5,000 | As Incurred | During Training | Airlines, Hotels, Restaurants, etc. |
| Office and | $0 to $2,000 | As Incurred | Prior to Opening | Supplier |
| Computer |  |  |  |  |
| Equipment, |  |  |  |  |
| Software |  |  |  |  |
| Cell Phone | $300 to $360 ($100 to $120/month) | As Incurred | Before Starting Operations | Suppliers |
| Supplies and | $3,000 | As incurred | Before Opening | Our affiliate and |
| Equipment |  |  |  | suppliers |
| Advertising Materials | $2,000 | As Incurred | As Incurred during startup | Us and Approved Suppliers |
![](_page_19_Picture_0.jpeg)

| EXPENDITURE | AMOUNT | PAYMENT METHOD | WHEN DUE | TO WHOM |
|---|---|---|---|---|
| Clothing and | $0 to $500 | As Incurred | As Incurred | Approved |
| Uniforms |  |  | during startup | Suppliers |
| Vehicle/ | $0 to $4,000 | As Incurred | Prior to Opening | Suppliers |
| Transportation |  |  |  |  |
| Insurance | $2,500 to $3,500/year | As Incurred | Upon Operation | Insurers |
| Software Fee | $1,500 ($500/month) | As Incurred | Monthly | Franchisor or Third Parties |
| Medical Director | $1,500 | Monthly | Monthly | Medical Director |
| Fee | ($500/month) |  |  | Stipend |
| Professional Fees | $0 to $5,000 | As Incurred | Before Opening | Attorneys, Accountants, Consultants |
| Miscellaneous | $0 to $2,000 | As Incurred | As Incurred | Suppliers |
| Opening Costs |  |  |  |  |
| Additional | $4,000-$10,000 | As Incurred | As Incurred | Employees, |
| Funds –3 |  |  |  | Suppliers, |
| months(1)(2) |  |  |  | Utilities, etc.

Question 19

What is the total estimated initial investment for Advanced Mobile Iv And Amiv (Item 7), and how does it compare to the estimated initial investment for other mobile IV therapy franchises?

Accepted Answer

| EXPENDITURE | AMOUNT | PAYMENT METHOD | WHEN DUE | TO WHOM |
|---|---|---|---|---|
| Initial Franchise Fee | $35,000 to $85,000 (depending on Franchise Tier) | Check or Wire Transfer | One-half upon execution of the Franchise Agreement, remaining one- half 30 days after signing. | Us |
| Initial Nurse Kits | $5,100 to $10,200 | Check or Wire Transfer | Upon | Our affiliate Advanced Mobile Distribution, LLC |
| Business | $100 to $500 | As Incurred | Prior to Opening | Government |
| Licenses and |  |  |  | agencies, Local |
| Permits |  |  |  | City etc. |
| Travel and Living Expenses to Attend Optional Headquarters Training | $0 to $5,000 | As Incurred | During Training | Airlines, Hotels, Restaurants, etc. |
| Office and | $0 to $2,000 | As Incurred | Prior to Opening | Supplier |
| Computer |  |  |  |  |
| Equipment, |  |  |  |  |
| Software |  |  |  |  |
| Cell Phone | $300 to $360 ($100 to $120/month) | As Incurred | Before Starting Operations | Suppliers |
| Supplies and | $3,000 | As incurred | Before Opening | Our affiliate and |
| Equipment |  |  |  | suppliers |
| Advertising Materials | $2,000 | As Incurred | As Incurred during startup | Us and Approved Suppliers |

Question 20

What is the total estimated initial investment for Advanced Mobile Iv And Amiv (Item 7), and what are the potential risks and challenges associated with meeting these financial obligations?

Accepted Answer

g)

# **7. ESTIMATED INITIAL INVESTMENT**

#### **YOUR ESTIMATED INITIAL INVESTMENT**

| EXPENDITURE | AMOUNT | PAYMENT METHOD | WHEN DUE | TO WHOM |
|---|---|---|---|---|
| Initial Franchise Fee | $35,000 to $85,000 (depending on Franchise Tier) | Check or Wire Transfer | One-half upon execution of the Franchise Agreement, remaining one- half 30 days after signing. | Us |
| Initial Nurse Kits | $5,100 to $10,200 | Check or Wire Transfer | Upon | Our affiliate Advanced Mobile Distribution, LLC |
| Business | $100 to $500 | As Incurred | Prior to Opening | Government |
| Licenses and |  |  |  | agencies, Local |
| Permits |  |  |  | City etc. |
| Travel and Living Expenses to Attend Optional Headquarters Training | $0 to $5,000 | As Incurred | During Training | Airlines, Hotels, Restaurants, etc. |
| Office and | $0 to $2,000 | As Incurred | Prior to Opening | Supplier |
| Computer |  |  |  |  |
| Equipment, |  |  |  |  |
| Software |  |  |  |  |
| Cell Phone | $300 to $360 ($100 to $120/month) | As Incurred | Before Starting Operations | Suppliers |
| Supplies and | $3,000 | As incurred | Before Opening | Our affiliate and |
| Equipment |  |  |  | suppliers |
| Advertising Materials | $2,000 | As Incurred | As Incurred during startup | Us and Approved Suppliers |
![](_page_19_Picture_0.jpeg)

| EXPENDITURE | AMOUNT | PAYMENT METHOD | WHEN DUE | TO WHOM |
|---|---|---|---|---|
| Clothing and | $0 to $500 | As Incurred | As Incurred | Approved |
| Uniforms |  |  | during startup | Suppliers |
| Vehicle/ | $0 to $4,000 | As Incurred | Prior to Opening | Suppliers |
| Transportation |  |  |  |  |
| Insurance | $2,500 to $3,500/year | As Incurred | Upon Operation | Insurers |
| Software Fee | $1,500 ($500/month) | As Incurred | Monthly | Franchisor or Third Parties |
| Medical Director | $1,500 | Monthly | Monthly | Medical Director |
| Fee | ($500/month) |  |  | Stipend |
| Professional Fees | $0 to $5,000 | As Incurred | Before Opening | Attorneys, Accountants, Consultants |
| Miscellaneous | $0 to $2,000 | As Incurred | As Incurred | Suppliers |
| Opening Costs |  |  |  |  |
| Additional | $4,000-$10,000 | As Incurred | As Incurred | Employees, |
| Funds –3 |  |  |  | Suppliers, |
| months(1)(2) |  |  |  | Utilities, etc. |
| TOTAL | $56,000 to $141,060 |  |  |  |You should anticipate the preceding initial expenditures in connection with the establishment of an AMIV franchised business. Additional factors related to certain expenditures are described in the following notes.

Financing sources may reduce your initial cash requirements, and the availability and terms of financing to any individual franchisee will depend upon factors including the availability of financing in general, your credit worthiness, the collateral security that you may have and policies of lending institutions concerning the type of business to be operated by you. The investment and expenditures required of actual franchisees may vary considerably from the projections outlined above, depending on many factors, including geographical area and the capabilities of any particular management and service team.

Note 1: We estimate that the initial phase covered by the additional funds estimate to be approximately 3 months. The high and low range estimates are based on the experience of our existing AMIV™ franchisees since 2022 and our founders Ashley Yardley and Holly Hansen, in opening and operating mobile IV businesses in the United States since 2021.

A. We assume and strongly recommend that you will operate the franchised business from your home.

Question 21

What is the trend in the number of Advanced Mobile Iv And Amiv outlets in Florida from the start of 2020 to the end of 2023?

Accepted Answer

ear | Number of Transfers |
|---|---|---|
| Total | 2020 | 0 |
|  | 2021 | 0 |
|  | 2022 | 0 |
|  | 2023 | 0 |
![](_page_50_Picture_0.jpeg)

#### **Table No. 3 STATUS OF FRANCHISED OUTLETS As of December 31 for Years 2020 to 2022 and as of July 31, 2023**

Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 50–54)

Question 22

According to the Advanced Mobile Iv And Amiv franchise agreement, what may happen if a franchisee fails to meet the performance benchmarks outlined in Schedule 4?

Accepted Answer

**IN THE EVENT FRANCHISEE FAILS TO REACH THE PERFORMANCE BENCHMARKS FOR ANY GIVEN PERIOD AS SET FORTH ABOVE, FRANCHISOR RESERVES THE RIGHT TO TERMINATE THE FRANCHISE AGREEMENT ENTIRELY OR TO REDUCE THE SIZE OR SCOPE OF PROTECTED OF THE FRANCHISE TERRITORY AWARDED TO FRANCHISEE UNDER THE FRANCHISE AGREEMENT.**

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 23

According to the Advanced Mobile Iv And Amiv franchise agreement, what happens if the company determines that a finding of invalidity materially and adversely affects the basic consideration of the agreement?

Accepted Answer

If any part of this Agreement is declared invalid that declaration will not affect the validity of the remaining portion which will remain in full force and affect as if this Agreement had been executed with the invalid portion omitted. The parties declare their intention that they would have executed the remaining portion of this Agreement without including any part, parts, or portions which may be declared invalid in the future. Provided, however, that if we determine that the finding of invalidity materially and adversely affects the basic consideration of this Agreement, we may, at our option, terminate this Agreement.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 24

What action can Advanced Mobile Iv And Amiv take if a franchisee fails to reach the performance benchmarks?

Accepted Answer

IN THE EVENT FRANCHISEE FAILS TO REACH THE PERFORMANCE BENCHMARKS FOR ANY GIVEN PERIOD AS SET FORTH ABOVE, FRANCHISOR RESERVES THE RIGHT TO TERMINATE THE FRANCHISE AGREEMENT ENTIRELY OR TO REDUCE THE SIZE OR SCOPE OF PROTECTED OF THE FRANCHISE TERRITORY AWARDED TO FRANCHISEE UNDER THE FRANCHISE AGREEMENT.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 25

Is Advanced Mobile Iv And Amiv allowed to solicit or contact individuals who were directors, officers, shareholders, members, or employees of the other party if it's in connection with performing Provider's duties under the agreement?

Accepted Answer

You will assure that you and your owners, directors, officers, partners, shareholders, members, employees, consultants, and agents, during the term of this Agreement and for a period of **2** years after expiration or termination of this Agreement do not:

- B. employ or seek to employ any person we employ or any other person who is at that time operating or employed by or at any of our franchises or otherwise directly or indirectly induce these persons to leave their employment; nor

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 26

Is the application of Utah law, as stated in the Advanced Mobile Iv And Amiv Franchise Agreement, always enforceable in California?

Accepted Answer

5) Applicable Law. The Franchise Agreement requires application of the laws of the State of Utah. This provision may not be enforceable under California law.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 27

What California laws regarding termination, transfer, and non-renewal of a franchise might supersede the Advanced Mobile Iv And Amiv Franchise Agreement?

Accepted Answer

FDD Item 17; FA Sections 5, 6, 7, and 9.8

- 1) California Law Regarding Termination, Transfer, and Nonrenewal. California Business and Professions Code Sections 20000 through 20043 provide rights to franchisees concerning termination, transfer, or non-renewal of a franchise. If the Franchise Agreement contains a provision that is inconsistent with the law, the law will control.
- 2) Bankruptcy. The Franchise Agreement provides for termination upon bankruptcy. This provision might not be enforceable under federal bankruptcy law (11. U.S.C.A. Sec. 101 et seq.), but we will enforce it if enforceable.
- 3) Post-Termination Noncompetition Covenants. The Franchise Agreement contains covenants not to compete that extend beyond the termination of the franchise. This provision may not be enforceable under California law.
- 4) Arbitration. Prospective franchisees are encouraged to consult private legal counsel to determine the applicability of California and federal laws (such as Business and Professions Code Section 20040.5, Code of Civil Procedures Section 1281, and the Federal Arbitration Act) to any provisions of a franchise agreement restricting venue to a forum outside the State of California.
- 5) Applicable Law. The Franchise Agreement requires application of the laws of the State of Utah. This provision may not be enforceable under California law.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 28

Does the choice of forum for Advanced Mobile Iv And Amiv arbitration and litigation in Section 9.8 have any exceptions?

Accepted Answer

| Provision | Section in Franchise Agreement | Summary |
|---|---|---|
| V. Choice of forum | Section 9.8 | Arbitration and Litigation must |
|  |  | be in Washington County, Utah, |
|  |  | except as stated in State |
|  |  | Addenda to this disclosure |
|  |  | document. Subject to state law. |

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 44–48)

Question 29

Does the choice of law for Advanced Mobile Iv And Amiv in Section 9.8 have any exceptions?

Accepted Answer

| Provision | Section in Franchise Agreement | Summary |
|---|---|---|
|  |  | of the Federal Arbitration Act, |
|  |  | except as stated in State |
|  |  | Addenda to this Disclosure |
|  |  | Document. The Franchise |
|  |  | Agreement prohibits disputes |
|  |  | from being arbitrated on a class |
|  |  | or consolidated basis. |
| V. Choice of forum | Section 9.8 | Arbitration and Litigation must |
|  |  | be in Washington County, Utah, |
|  |  | except as stated in State |
|  |  | Addenda to this disclosure |
|  |  | document. Subject to state law. |
| x. Choice of law | Section 9.8 | Utah law applies except as |
|  |  | otherwise provided in the |
|  |  | Franchise Agreement and |
|  |  | subject to state laws in those |
|  |  | states whose laws require |
|  |  | exclusive application and except |
|  |  | to the extent governed by the |
|  |  | United States Trademark Act. |

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 44–48)

Question 30

What is the condition for Advanced Mobile Iv And Amiv franchisees in Maryland regarding initial fees and payments?

Accepted Answer

*This Addendum may not be signed or used if the franchisee resides within, or if the franchised business will be located within the State of Maryland.*

ADVANCED MOBILE IV, LLC DBA AMIV("we/us"), desires to verify certain information about the sales process and to confirm any additional commitments or terms beyond those contained in our standard franchise agreement and contained in our current "Franchise Disclosure Document," including any oral statement, representation, promise, or assurance made during the negotiations for the purchase of an AMIV™ franchise by any of our directors, officers, employees, agents, or representatives (each, a "Representative").

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 31

What conditions apply when adding additional territory to an existing Advanced Mobile Iv And Amiv franchise territory?

Accepted Answer

0,000 |
| Tier 4 | 450,000 to 600,000 persons | $85,000 |
If you desire a Franchise Territory larger than 600,000 persons of population, or to later add additional territory to your Franchise Territory, you must pay an additional Initial Franchise Fee of \$0.14 per person for every person of population above 600,000 or above the population of your original Franchise Territory, subject to territorial availability and approval. All territory and areas comprising the Franchise Territory must be contiguous and must be approved by us. The population in your designated Franchise Territory is determined based upon recent United States census data and estimates and chamber of comme

Source: Item 5 — INITIAL FEES (FDD pages 11–13)

Question 32

What conditions must Advanced Mobile Iv And Amiv franchisees meet to relocate their franchise?

Accepted Answer

You must be in good standing and receive our written permission before you relocate your franchise. The relocated territory must be available according to our contractual commitments to other franchisees. We must deem the move to be in the best interest of the AMIV™ system, you, and other nearby franchisees. Any relocation will be at your sole expense. You must satisfy our then current franchise placement and demographics criteria, as expressed in the Operations Manual.

Source: Item 12 — TERRITORY (FDD pages 36–39)

Question 33

What are the conditions that must be met to increase the size of an Advanced Mobile Iv And Amiv franchise territory?

Accepted Answer

side of their protected territory as long as it is not in another Franchisee's protected territory; however, we advise investing in your own territory.

#### *Additional Franchise Territory*

We only extend the Franchise Territory to contiguous trade areas and define such territory by using geographical or political boundaries, such as particular zip codes, county, city, postal code, or other political subdivision, or by particular boundaries such as roads or rivers or other designations.

To increase the size of your Franchise Territory, you must not be in default in any material provision of any and all agreements between you and us; your proposed territory must meet our franchise placement and market penetration guidelines and criteria; and you must sign an

**AMIV** FRANCHISE DISCLOSURE DOCUMENT 36

![](_page_36_Picture_0.jpeg)

addendum to the Franchise Agreement that outlines the new Franchise Territory definition. The territory must also be legally available in compliance to federal and state franchise disclosure and registration laws and contractually available pursuant to contractual obligations to other AMIV™ franchisees.

#### **Relocation**

You must be in good standing and receive our written permission before you relocate your franchise. The relocated territory must be available according to our contractual commitments to other franchisees. We must deem the move to be in the best interest of the AMIV™ system, you, and other nearby franchisees.

Source: Item 12 — TERRITORY (FDD pages 36–39)

Question 34

What are the consequences if an Advanced Mobile Iv And Amiv franchisee fails to fulfill the commencement of operation obligation?

Accepted Answer

If the commencement of operation obligation is not fulfilled, we may terminate the Franchise Agreement without refunding any part of the Initial Franchise Fee. (Franchise Agreement, Section 4.1).

Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 28–36)

Question 35

For Advanced Mobile Iv And Amiv, what are the consequences if a party refuses to allow a review of their books and records?

Accepted Answer

C. **Review of Books and Records**. Each of the Parties shall have the right, during ordinary business hours and upon reasonable notice, to review and make copies of, the books and records of the other Party relating to the billing and collection of fees under this Agreement. Any such review shall take place within six (6) months after the end of the calendar year, and after such date no challenge to any statements, accountings, or other records pertaining to such calendar year or any portion thereof shall be permitted. Any such review shall be performed at the cost of the requesting Party. Each respective Party shall be responsible for any improprieties of such Party identified in the course of any such review, and the other Party reserves all rights to pursue any claim or remedy available in law or equity with respect to such improprieties, if any. This Section 6C (*Review of Books and Records*) shall survive termination or expiration of this Agreement for six (6) months after the end of the calendar year in which the Agreement terminated or expired.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 36

What is considered 'good cause' for the Advanced Mobile Iv And Amiv franchisor to terminate the franchise agreement or reduce the size/scope of protection of the Franchise Territory?

Accepted Answer

Franchisee shall dedicate the necessary time and attention necessary to reach the minimum performance benchmarks outlined in Schedule 4 attached to this Agreement (the "Performance Benchmarks"). Failure to reach the level of sales or performance in a given time period as stated in the Performance Benchmarks shall be good cause for Franchisor, in its sole discretion, to terminate this Agreement or to reduce the size or scope of protection of the Franchise Territory.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 37

Does the corporate practice of medicine doctrine in Minnesota pose a risk to the Advanced Mobile Iv And Amiv franchise?

Accepted Answer

**Corporate Practice of Medicine**. Minnesota has adopted the corporate practice of medicine doctrine, which prohibits corporations other than professional associations and non-profit corporations from practicing medicine. This franchise may be at risk of violation of the corporate practice of medicine doctrine in Minnesota, which could result in the loss of franchisee's investment and possible civil and criminal sanctions. Prospective franchisees should consult an attorney experienced in this area of Minnesota law prior to signing a franchise agreement to ensure that the franchise relationships and operations do not violate Minnesota law.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 38

What is the deadline, in business days, before signing a binding agreement or making a payment, that Advanced Mobile Iv And Amiv must provide the Franchise Disclosure Document in Michigan or New York?

Accepted Answer

If Advanced Mobile IV, LLC dba AMIV offers you a franchise, it must provide this franchise disclosure document to you by the earliest of:

- 1. The first personal meeting to discuss the franchise (if you are in New York); OR
- 2. 14 calendar days before you sign a binding agreement or make a payment with the franchisor or an affiliate in connection with the proposed franchise sale (10 business days if you are in Michigan, New York).

If Advanced Mobile IV, LLC dba AMIV does not deliver this franchise disclosure document on time or if it contains a false or misleading statement, or a material omission, a violation of federal and State law may have occurred and should be reported to the Federal Trade Commission, Washington, D.C. 20580 and the state agency listed in Exhibit F.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 39

What is the dependency between the special power of attorney and the term of the Advanced Mobile Iv And Amiv agreement?

Accepted Answer

The special powers of attorney granted in this Agreement shall be coupled with an interest. Such special powers of attorney shall expire when this Agreement has been terminated.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 40

What must Dr. [NAME] do before being connected with any medical practice engaged in providing medical spa healthcare services or IV services within the Restricted Territory for Advanced Mobile Iv And Amiv?

Accepted Answer

In furtherance of such obligations, during the term of the Management Services Agreement, Dr. [NAME] agrees not to, directly or indirectly, whether through Medical Practice or otherwise, act as manager, employee, independent contractor, consultant, director, officer, agent, investor, lender, owner or similar capacity, have an interest in or a financial relationship with, or be connected in any manner with, any medical practice engaged in the practice of providing medical spa healthcare services or IV services (the "**Restricted Business**") within a fifty (50) mile radius around each clinical facility operated by Manager (the "**Restricted Territory**") (a "**Competing Practice**") without first offering Manager the exclusive right to provide Management Services to such Competing Practice substantially on the same terms as set forth in the Management Services Agreement, or otherwise take any action that would deprive Manager of the bargained-for right to provide the full scope of Management Services to Medical Practice.

In addition, during the term of the Management Services Agreement and for a period of two (2) years after termination or expiration of the Management Services Agreement, Dr. [NAME] will not engage, directly or indirectly, whether through Medical Practice, a Competing Practice or otherwise, any party other than Manager to provide management, administrative, billing and collection, staffing, real estate and property or other services similar to any of those provided by Manager under the Management Services Agreement in the Restricted Territory.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 41

What is the effect of not being in good health on the Advanced Mobile Iv And Amiv franchise?

Accepted Answer

- G. **Health and Full-Time Participation**.

You acknowledge that an Advanced Mobile IV™ business involves hard work and sometimes long hours, similar to most small businesses that are owner operated.

We have not represented that this business is going to be easy for you, your partners, officers or directors.

You or your majority owner if you are a corporation, limited liability company or partnership, must actively participate in the daily affairs of the business.

You represent that you or your majority owner are in good health and able to devote your full time and best efforts in the day to day operations of your Franchise or that you have the business management skills necessary to successfully hire a general manager to run the day to day operations of your Franchise.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 42

To what entities can MSO assign the Advanced Mobile Iv And Amiv agreement without the Provider's consent if they purchase more than 50% of MSO?

Accepted Answer

permitted assigns. Notwithstanding the foregoing, MSO may assign this Agreement, without Provider's prior written consent, to any entity that purchases more than fifty percent (50%) of MSO or that acquires substantially all of MSO's business assets (including direct and indirect ownership interests in entities conducting business operations). Further, notwithstanding the foregoing, MSO may assign the proceeds of this Agreement without Provider's prior written consent.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 43

In the event that a part of the Advanced Mobile Iv And Amiv franchise agreement is declared invalid, what happens to the remaining portion of the agreement?

Accepted Answer

- D. Severability. If any part of this Agreement is declared invalid that declaration will not affect the validity of the remaining portion which will remain in full force and affect as if this Agreement had been executed with the invalid portion omitted. The parties declare their intention that they would have executed the remaining portion of this Agreement without including any part, parts, or portions which may be declared invalid in the future. Provided, however, that if we determine that the finding of invalidity materially and adversely affects the basic consideration of this Agreement, we may, at our option, terminate this Agreement.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 44

What is the expected response if no claims or representations contradict the Advanced Mobile Iv And Amiv Disclosure Document or Franchise Agreement?

Accepted Answer

ADVANCED MOBILE IV, LLC DBA AMIV("we/us"), desires to verify certain information about the sales process and to confirm any additional commitments or terms beyond those contained in our standard franchise agreement and contained in our current "Franchise Disclosure Document," including any oral statement, representation, promise, or assurance made during the negotiations for the purchase of an AMIV™ franchise by any of our directors, officers, employees, agents, or representatives (each, a "Representative").

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 45

What is the expected response if no claims or representations about Advanced Mobile Iv And Amiv's financial performance differ from Item 19 of the Franchise Disclosure Document?

Accepted Answer

Except as outlined in Item 19 of our Franchise Disclosure Document, we expressly disclaim the making of, and you acknowledge that you have not received or relied upon, any representation, warranty, or guarantee, express or implied, concerning the potential revenues, cost savings, volume, profits, or success of the business venture contemplated by this Agreement. You acknowledge that neither we, nor any of our officers, directors, shareholders, employees, agents or servants, made any other representation about the business contemplated by this Agreement or that are not expressly set forth in this Agreement or our Franchise Disclosure Document to induce you to accept this Franchise and execute this Agreement. Any oral representations made by our representatives to you, whether or not set forth in earlier versions of our standard form franchise agreement, have either been ratified by us by including the representations in this document or have been disavowed by excluding them from this Agreement.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 46

What is the expected response if no statements or assurances about Advanced Mobile Iv And Amiv's advertising, marketing, training, or support services contradict the Franchise Disclosure Document?

Accepted Answer

ADVANCED MOBILE IV, LLC DBA AMIV("we/us"), desires to verify certain information about the sales process and to confirm any additional commitments or terms beyond those contained in our standard franchise agreement and contained in our current "Franchise Disclosure Document," including any oral statement, representation, promise, or assurance made during the negotiations for the purchase of an AMIV™ franchise by any of our directors, officers, employees, agents, or representatives (each, a "Representative").

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 47

What is the expected response if no statements or assurances have been made about the likelihood of success with an Advanced Mobile Iv And Amiv franchise?

Accepted Answer

- D. **Speculative Success**. The success of your franchise is speculative and depends, to a large extent, upon your ability as an independent businessperson. You recognize that the business venture contemplated by this Agreement involves business risks. We do not make any representation or warranty, express or implied, as to the potential success of the Franchise.
- E. **Independent Investigation, No Projections or Representations**. You acknowledge that you have entered this Agreement after conducting an independent investigation of us and of the Franchise. You have not relied upon any representation as to gross revenues, volume, cost savings, potential earnings or profits which you in particular might realize.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 48

Is an Advanced Mobile Iv And Amiv franchisee allowed to solicit orders outside of their protected territory, and if so, are there any restrictions?

Accepted Answer

tate boundaries in which the Franchise Territory is located you must receive our prior written consent and we may require you to execute a separate franchise agreement for that territory. Franchisees may solicit or accept orders outside of their protected territory as long as it is not in another Franchisee's protected territory; however, we advise investing in your own territory.

#### *Additional Franchise Territory*

We only extend the Franchise Territory to contiguous trade areas and define such territory by using geographical or political boundaries, such as particular zip codes, county, city, postal code, or other political subdivision, or by particular boundaries such as roads or rivers or other desi

Source: Item 12 — TERRITORY (FDD pages 36–39)

Question 49

What must an Advanced Mobile Iv And Amiv franchisee obtain before advertising in media whose primary circulation is outside their territory?

Accepted Answer

You may not advertise in any media whose primary circulation is outside the Franchise Territory, except with our prior written permission and the prior written consent of any of our franchisees whose territory is reached by that media. All Internet marketing is part of our marketing programs described in the Operations Manual and defined in the Franchise Agreement, and must be coordinated through us and approved by us. You May not market independently on the Internet or acquire an independent Internet domain name or web site.

Source: Item 12 — TERRITORY (FDD pages 36–39)

Question 50

Are franchisees required to complete the Advanced Mobile Iv And Amiv training program?

Accepted Answer

You and your manager, if any, must complete the initial mandatory training program to our satisfaction or we may terminate the Franchise Agreement without refunding any part of the Initial Franchise Fee. You are encouraged to complete the initial training program as soon as possible after executing the Franchise Agreement and before incurring any costs or expenses related to the opening of the Franchise. We will not be liable for your costs or expenses if we terminate the Franchise Agreement because you or the manager fails to complete the mandatory training to our satisfaction.

The initial training program is included in the Initial Franchise Fee. If you choose to participate in onsite training at our headquarters in St. George, Utah, all your accommodations, travel, room, board, and wage expenses during this period are borne exclusively by you. We may offer in person training at our headquarters at your request and our reasonable availability and discretion. If we provide on-site training to you, you are exclusively responsible for all of your accommodations, travel, room, board, wage, and training expenses during this period. Most training is done remotely via zoom video conferencing or by standard telephone, text and email. The training program must be completed by all franchisees, unless, at our reasonable discretion, based upon a franchisee's experience, it is deemed unnecessary.

From time to time we may provide refresher training programs or seminars and may require that you or your managers attend and complete them to our satisfaction. These programs and seminars will be held at locations we designate and will be provided without charge to you. You will be exclusively responsible for paying all travel, living and other expenses and compensation of attending these programs and seminars. Each year, usually in conjunction with our annual convention, you or the designated managers of your Franchise will be required to attend up to 12 to 16 hours of programs and seminars, depending upon program and seminar availability.

Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 28–36)

Question 51

Are Advanced Mobile Iv And Amiv franchisees required to obtain worker's compensation and employer's liability insurance, and if so, is it dependent on state statutes or rules?

Accepted Answer

- C. Worker's compensation and employer's liability insurance, and other insurance required by statute or rule of the state in which the franchise is located and operated.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 52

Does Advanced Mobile Iv And Amiv guarantee that franchisees will achieve $69,599 in website receipts?

Accepted Answer

Except as outlined in Item 19 of our Franchise Disclosure Document, we expressly disclaim the making of, and you acknowledge that you have not received or relied upon, any representation, warranty, or guarantee, express or implied, concerning the potential revenues, cost savings, volume, profits, or success of the business venture contemplated by this Agreement. You acknowledge that neither we, nor any of our officers, directors, shareholders, employees, agents or servants, made any other representation about the business contemplated by this Agreement or that are not expressly set forth in this Agreement or our Franchise Disclosure Document to induce you to accept this Franchise and execute this Agreement. Any oral representations made by our representatives to you, whether or not set forth in earlier versions of our standard form franchise agreement, have either been ratified by us by including the representations in this document or have been disavowed by excluding them from this Agreement.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 53

What happens if a court finds the non-competition covenant unenforceable in a given state for Advanced Mobile Iv And Amiv?

Accepted Answer

If a court determines that this covenant is unenforceable in any given state for any reason, then the court may blue-pencil or otherwise modify the scope of such covenant to make it enforceable.

You agree that each of the confidentiality requirements and covenants not to compete described in this Agreement will be constructed as independent of any other covenant or provision. If all, parts or any portion of any covenant in this Agreement is held unreasonable or unenforceable by a court or agency having valid jurisdiction in an unappealed final decision to which we are a party, you expressly agree to be bound by any lesser covenant subsumed within the terms of that covenant that imposes the maximum duty permitted by law, as if the resulting covenant were separately stated in this Agreement. Each of the covenants described in this Agreement is a separate and independent covenant in each of the separate counties and states in the United States in which we transact business. To the extent that any covenant may be determined to be judicially unenforceable in any county or state, that covenant will not be affected with respect to any other county or state. You understand and acknowledge that we will have the right, in our sole discretion, to reduce the scope of any covenants, confidentiality requirements or covenants not to compete set forth in this Agreement that apply to you or to any other of our franchisees. We may do so without your consent, effective immediately upon your receipt of written notice. You agree that you will comply with any covenant that pertains to you as we so modify it.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 54

What happens if equity interests in Advanced Mobile Iv And Amiv change without permission?

Accepted Answer

You will be in breach of this Agreement if you at any time dispose of any interest sufficient to reduce your ownership in the entity to less than a majority of any class of stock or other evidence of ownership. From time to time, at our request, you will provide to us a current list of all your owners, shareholders, members, directors, officers, partners, and employees, with a summary of their respective interests in you.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 55

What happens if Advanced Mobile Iv And Amiv does not exercise its right to purchase my Advanced Mobile Iv And Amiv franchise within 30 days?

Accepted Answer

If we do not exercise our right to purchase within the **30** days, you may make the proposed transfer to a third party. The transfer will not be at a lower price or on more favorable terms than disclosed to us. Any transfer will be subject to our prior written permission described in the section entitled "Sale or Assignment," above. If the Franchise is not transferred by you within **6** months from the date it is offered to us, or if any material change is made in the terms of the proposed sale, then you must re-offer to transfer to us before a transfer to a third party.

We may assign our rights under this Section to any other person or entity.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 56

What happens if an Advanced Mobile Iv And Amiv franchise is not operated according to local licensing, practice, or layperson-influence rules?

Accepted Answer

Because various federal and state laws govern the practice of medicine and the ownership of medical practices and healthcare businesses, it is critically important that a franchisee that is not a licensed healthcare professional does not engage in conduct or practices that are, or may appear to be, the practice of medicine. The medical director must be responsible for and offer all intravenous therapies and hydration services in accordance with all relevant laws and regulations. If, at any time, a franchise is not operated as required by relevant local licensing, practice, or layperson-influence rules, we will require the franchise to be transferred to an appropriately licensed medical professional with a current license, or we may terminate the franchise.

Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS & SERVICES (FDD pages 22–26)

Question 57

What happens if the Advanced Mobile Iv And Amiv franchisee fails to deliver any required report of Gross Sales in a timely manner?

Accepted Answer

You further acknowledge and agree that we may limit or completely shut down your access to forms, software, web sites, Internet or Intranet, or limit your continued operation of the Franchise if you fail to make timely payment of Royalty Fees, Marketing Fees, or other fees or otherwise breach this Agreement.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 58

What happens if an Advanced Mobile Iv And Amiv franchisee is not in good standing under the franchise agreement?

Accepted Answer

ftware. Your total purchase costs for these additional computer systems will range from \$1,500 to \$2,000.

The technology and software attaches to a specific telephone number that you will use in all of your franchise advertising and promotional materials and in your franchise operations. We will own and exercise complete control of this telephone number. The telephone line and associated number are paid for by us from the Software Fees that you pay to us. We may turn off or prohibit you to use or access the phone number if you do not pay to us the Software Fees or if you are not otherwise in good standing under your franchise agreement with us. You will point and connect our telephone number that is assigned to your franchise to your own separate telephone line. You will use no other telephone number to advertise and promote your franchise.

#### **AMIV** FRANCHISE DISCLOSURE DOCUMENT 24

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You may not promote, offer, or sell any products or services relating to your franchise, or use any of the AMIV™ and ADVANCED MOBILE IV™ names or marks, through the Internet without our consent.

Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS & SERVICES (FDD pages 22–26)

Question 59

What happens if an Advanced Mobile Iv And Amiv franchisee does not pay the Software Fees?

Accepted Answer

ftware. Your total purchase costs for these additional computer systems will range from \$1,500 to \$2,000.

The technology and software attaches to a specific telephone number that you will use in all of your franchise advertising and promotional materials and in your franchise operations. We will own and exercise complete control of this telephone number. The telephone line and associated number are paid for by us from the Software Fees that you pay to us. We may turn off or prohibit you to use or access the phone number if you do not pay to us the Software Fees or if you are not otherwise in good standing under your franchise agreement with us. You will point and connect our telephone number that is assigned to your franchise to your own separate telephone line. You will use no other telephone number to advertise and promote your franchise.

#### **AMIV** FRANCHISE DISCLOSURE DOCUMENT 24

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You may not promote, offer, or sell any products or services relating to your franchise, or use any of the AMIV™ and ADVANCED MOBILE IV™ names or marks, through the Internet without our consent.

Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS & SERVICES (FDD pages 22–26)

Question 60

What happens if the indemnifying party defends the Advanced Mobile Iv And Amiv claim?

Accepted Answer

In the event the indemnifying Party defends the indemnifiable claim, it may do so under a reservation of its rights to cease the defense of the claim at a later date (upon reasonable prior written notice to the indemnified Party) in the event it is determined that the indemnifying Party has no obligation to defend or indemnify the claim.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 61

What happens if inspecting agencies recommend changes for Advanced Mobile Iv And Amiv?

Accepted Answer

You understand and agree that the Licensed Methods must not remain static if it is to meet presently unforeseen future changes in technology, competitive circumstances, demographics, consumer trends, social trends and other marketplace variables and to best serve the interests of you, us and our other franchisees. We may add to, subtract from, change or modify any part of the Marks, Operations Manual, or Licensed Methods from time to time at our sole discretion, This may include changes to the products, equipment, signage, trade dress, décor, design, appearance, operations, programs, services, methods, standards, forms, policies and procedures of the Licensed Methods or abandoning the Licensed Methods altogether in favor of another system in connection with a merger, acquisition, or other business reason. You will accept, use, and protect, for the purposes of this Agreement, all additions, subtractions, changes and modifications as if they were a part of the Marks, Operations Manual, and Licensed Methods at the time this Agreement is executed. You will bear all costs and expenses which may be reasonably necessary as a result of such changes or modifications. Except as otherwise provided in this Agreement, under no circumstances will we be liable to you for any damages, costs, losses, or detriments relating to or directly or indirectly resulting from these changes or modifications.

Complete and detailed uniformity of the Marks, Operations Manual, and Licensed Methods under the varying conditions to be experienced by our franchisees may not be possible or practicable. Therefore we reserve the right, at our discretion, to accommodate your special needs, or those of any other of our franchisees. These needs may result from the peculiarities of density of population, population demographics, business potential, population of trade area, existing business practices, requirements of local law or local customers, or any other condition which we deem to be important to the successful operation of the franchisee's business. From time

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 62

What happens if the parties of Advanced Mobile Iv And Amiv desire to jointly develop new technologies?

Accepted Answer

rocedures. In no event will any variance or testing be deemed a waiver of any of our rights, or an excuse for you to not perform any of your duties under this Agreement. We may require you at any time to commence full compliance with the Operations Manual and the Licensed Methods. We will not be required to grant any variance to you under any circumstances. You will not require us to disclose or grant to you a like or similar variation.

Any improvements, modifications or additions which we make to Licensed Methods or to the Marks, or which become associated with Licensed Methods, including ideas suggested or initiated by you, will inure to our benefit, and become our exclusive property. You assign to us or our designee all intellectual property rights, including all copyrights, in and to any improvements or works which you may create, acquire or obtain in operating your franchise business. You agree that we may use, and authorize others to use, improvements which you suggest, initiate or originate without compensation to you and without your permission. You understand and agree that nothing in this Agreement constitutes or will be construed as our consent or permission to you to modify the Licensed Methods or the Marks. Any modification which you desire to propose or make will require our prior written consent.

5.3 **Computer Systems**.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 63

What happens if the Parties do not mutually agree on the standards for maintaining financial records for Advanced Mobile Iv And Amiv?

Accepted Answer

MSO shall maintain financial records on behalf of Provider in accordance with applicable standards or as the Parties otherwise mutually agree, and, shall send Provider regular reports.

The Parties agree to work cooperatively with each other to implement changes, correct deficiencies, and/or establish policies required and/or recommended by the inspecting agencies, as applicable.

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Question 64

What happens if the Advanced Mobile Iv And Amiv provider does not pay the fees by check or electronic funds transfer?

Accepted Answer

If any payments to us, our affiliates or approved vendors are late by more than 15 business days, we may suspend your ability to access forms, software, web sites, Internet or Intranet, or limit your continued operation of the Franchise until the payments are received.

2.6 **Application of Payments**. We have the right, in our sole discretion, to apply any payment from you to any past due indebtedness you owe to us or our affiliates, whether from monthly fee payments, purchases, late payment charges, or for any other reason. This section will apply regardless of how you may designate a particular payment is to be applied.

For the purposes of this Agreement, and all other instruments and agreements relating to it, we will have the right to treat any payment received from you as payment on account. We may apply any monies received from you in any order that we, in our discretion, decide and notwithstanding any contrary designations by you as to the application of your payments. You agree that you may not designate an order for application of any fees and royalties different from that designated by us and expressly acknowledge and agree that we may accept fees paid pursuant to different instructions without any obligation to follow such instructions, even if such payment is made by its terms conditional on such instructions being followed. This provision may

Source: Item 23 — RECEIPTS (FDD pages 54–202)

Advanced_Mobile_Iv_And_Amiv 2023 FDD FAQ