factual

Who benefits and is bound by the Advanced Mobile Iv And Amiv franchise agreement?

Advanced_Mobile_Iv_And_Amiv Franchise · 2023 FDD

Answer from 2023 FDD Document

MOBILE IV, LLC St. George, Utah

FRANCHISE AGREEMENT

| Territory | Name | Business Address | Phone | |---|---|---|---| | South Jordan & | Wes Hancock and Braden | 525 E. 5300 S | 435-216-6873 | | Herriman, UT | Bangerter | Salt Lake City, UT 84107 | | For purposes of this Agreement "Franchisee" and "you" may include an individual, corporation, partnership, limited liability company or other legal entity. "Franchisee" and "you" include any corporation, partnership, limited liability company, individual, combination of individuals, or other legal entity that owns a majority interest of Franchisee, or in which Franchisee owns a majority interest. The term "Franchisee" and "you" include, collectively and individually, all owners, managers, officers, directors, partners, principals and holders of a beneficial interest of Franchisee, and of any legal entity directly or indirectly controlling Franchisee. The term "Franchisee" and "you" will include all persons who succeed to Franchisee's interest by transfer or by operation of law.

Franchisor has certain rights to, has registered in various jurisdictions, and has developed and intends to continue to develop methods for establishing, operating and promoting general IV (Intravenous Therapy) services, including but not limited to vitamin infused hydration therapy and other injection services designed to help with fatigue, difficulty focusing or concentrating, lack of motivation, slow recovery, poor immunity, or dry skin, among other issues ("Mobile IV Business") using the "Advanced Mobile IV," "AMIV," and related names, marks, logos, slogans, and other commercial symbols that Franchisor owns or for which Franchisor has obtained the right to use ("Marks") and Franchisor's proprietary concepts, formats, procedures, processes, proprietary products, systems, standards, techniques, guidelines, specifications, training programs, and methods of doing business as Franchisor develops and prescribes from time to time (collectively, the "Licensed Methods ").

Franchisee desires Franchisor to train and to authorize Franchisee to establish a Mobile IV Business to operate within a territory identified in this Agreement , and Franchisor desires to grant Franchisee the right to operate a Mobile IV Business within such territory under the terms and conditions which are contained in this Agreement.

THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties agree as follows:

1 GRANT OF FRANCHISE AND FRANCHISE TERRITORY

1.1 Grant of Franchise and Franchise Territory. Franchisor grants to Franchisee, and Franchisee accepts from Franchisor, the franchise, license, and privilege to use the Marks and Licensed Methods for 5 years from the Effective Date (the "Term") in connection with the establishment and operation of a Mobile IV Business (the "Franchise"), within a territory described below. Franchisee agrees to use the Marks and Licensed Methods, as they may be changed, improved, and further developed by Franchisor from time to time, only in accordance with the terms and conditions of this Agreement. The term "Franchise" shall include the entire enterprise that Franchisee is authorized to conduct under this Agreement.

This grant solely is for the operation by Franchisee of one Advanced Mobile IV franchise within the geographical territory identified in the attached Schedule 1 (the "Franchise Territory"). Franchisee may not operate outside the Franchise Territory without Franchisor's prior written consent. To operate outside of the

1 – ADVANCED MOBILE IV FRANCHISE AGREEMENT

state boundaries in which the Franchise Territory is located Franchisee must receive Franchisor's prior written consent and Franchisee must execute a separate franchise agreement for that territory. To establish additional franchises, Franchisee must not be in default in any material provision of this Agreement and any and all other agreements between Franchisee and Franchisor or its affiliates; Franchisee's proposed territory must meet Franchisor's franchise placement and market penetration guidelines and criteria; and Franchisee must sign Franchisor's then-current franchise agreement for that franchise. The franchise territory must also be legally available in compliance with federal and state franchise disclosure and registration laws and contractually available pursuant to contractual obligations to other Advanced Mobile IV franchisees.

If the Franchise Territory is comprised of postal ZIP codes and if the U.S. Postal Service moves, alters, or eliminates any of the ZIP code(s) that are part of the Franchise Territory, Franchisor has the right to redefine the boundaries of the Franchise Territory to correspond as nearly as possible to the original territorial border. During the Term of and so long as the Franchisee is in good standing under this Agreement, Franchisor shall not establish or operate and shall not license or allow any other the right to establish or operate another Mobile IV Business that uses the Marks within the Franchise Territory. In the event Franchisee desires to expand the Franchise Territory, Franchisee would then need to purchase separate franchise rights or expand Franchisee's current Franchise Territory. Franchisee shall be obligated to establish and implement franchise operations in each additional Franchise Territory, including meeting the minimum Performance Benchmarks set forth.

The Franchise Territory purchased by Franchisee under this Agreement shall in no way limit the ability of Franchisor or any other Franchisee to provide limited IV Therapy services in the Franchise Territory. This provision in no way authorizes Franchisor or other Franchisees from other areas to market their services in the Franchise Territory consistently or purposefully, but rather, this provision shall apply when Franchisor or other franchisees have existing corporate clients or other existing clients who may be traveling through an area for a particular event or for a temporary stay, even if the stay is an extended stay. For example, if another AMIV franchisee negotiates a deal with a corporate client and the client has a team of athletes who travel to various temporary destinations across the country, that franchisee would be authorized to provide such services wherever that franchisee's client may be, even if the services are required to be performed in the Franchised Territory awarded to Franchisee under this Agreement. Franchisee shall provide notice to Franchisor prior to providing Franchisee's services in any location outside of the Franchise Territory acquired under this Agreement.

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

What This Means (2023 FDD)

According to Advanced Mobile Iv And Amiv's 2023 Franchise Disclosure Document, the franchise agreement applies to both the franchisor and the franchisee. The term "Franchisee" can refer to an individual, corporation, partnership, limited liability company, or other legal entity. It also encompasses any entity that owns a majority interest in the franchisee or in which the franchisee holds a majority interest. This definition extends to all owners, managers, officers, directors, partners, principals, and holders of a beneficial interest in the franchisee, as well as any legal entity that directly or indirectly controls the franchisee. The term also includes anyone who succeeds to the franchisee's interest through transfer or by law.

Advanced Mobile Iv And Amiv grants the franchisee the right to operate a Mobile IV Business within a specific territory, using the company's Marks and Licensed Methods. The franchisee agrees to use these Marks and Licensed Methods in accordance with the terms and conditions outlined in the franchise agreement. This agreement covers the establishment and operation of the franchise for a term of 5 years from the effective date. The franchisee is authorized to operate only one Advanced Mobile IV franchise within the designated geographical territory, and operating outside this territory requires the franchisor's prior written consent and a separate franchise agreement.

Advanced Mobile Iv And Amiv retains all rights not specifically granted to the franchisee, including the right to use and license others to use the Marks and Licensed Methods in territories outside the franchisee's designated area. The franchisor can also use or license others to use the Marks and Licensed Methods for the sale of services or products other than those directly offered by the franchisee under the agreement. The franchisor reserves the right to sell proprietary products on a wholesale basis for use in preparing services and products that will not carry an Advanced Mobile IV brand. The franchisee must dedicate the necessary time and attention to meet the minimum performance benchmarks outlined in Schedule 4 of the agreement. Failure to meet these benchmarks may result in termination of the agreement or reduction in the size or scope of protection of the franchise territory.

Disclaimer: This information is extracted from the 2023 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.