Where will arbitration take place for Aira Fitness franchise disputes in North Dakota?

the original language that appears therein:

"Covenants not to compete such as those mentioned above are generally unenforceable in the State of North Dakota."

• 1. Section 13.A. of the Franchise Agreement on "Arbitration; Mediation" is revised as follows:
  • "Arbitration shall take place in the Chicago metropolitan area at a location agreeable to all parties."
• 1. Section 13.C. of the Franchise Agreement on "Governing Law/Consent to Jurisdiction" is deleted in its entirety.
• 1. Section 13.E. of the Franchise Agreement on "Waiver of Jury Trial" is deleted in its entirety.
• 1. Section 13F. of the Franchise Agreement on "Waiver of Punitive Damages" is deleted in its entirety.
• 1. Section 14.E. of the Franchise Agreement on "Liquidated Damages" is deleted in its entirety.
• 1. No statement, questionnaire, or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of: (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on behalf of the Franchisor. This provision supersedes any other term of any document executed in connection with the franchise.
• 1. The North Dakota Securities Department requires the Franchisor or affiliates to defer all initial franchise fees until such time as the Franchisor or affiliates have completed all initial obligations owed to the Franchisee under the Franchise Agreement and the Franchisee has commenced doing business. This deferral of the initial franchise fee is required based on the Franchisor's financial condition.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have duly executed, sealed and delivered this Agreement in duplicate the day and year first above written.

| AIRA FITNESS FRANCHISING, LLC, an Illinois limited liability | FRANCHISEE: | |--------------------------------------------------------------|-------------------------------------| | company | [Insert individual name or company] | | Ву: | By: | | Its: | Its: | | Date: | Date: |

AIRA FITNESS FRANCHISING, LLC ADDENDUM TO THE MULTI-UNIT DEVELOPMENT AGREEMENT FOR THE STATE OF NORTH DAKOTA

This Addendum is to a Multi-Unit Development Agreement dated by and between Aira Fitness Franchising, LLC and (Developer) to amend said Agreement as follows:

1. Section 8 of the Multi-Unit Development Agreement on "Transferability; Entity as Developer" is amended by the addition of the following language to the original language that appears therein:

"The execution of a general release upon renewal, assignment or termination shall be inapplicable to franchises operating under the North Dakota Franchise Investment Law."

1. Section 9 of the Multi-Unit Development Agreement on "Post-Termination Covenants" is amended by the addition of the following language to the original language that appears therein:

"Covenants not to compete such as those mentioned above are generally unenforceable in the State of North Dakota."

• 1. Section 12.3 of the Multi-Unit Development Agreement on "Arbitration; Mediation" is revised as follows:
  • "Arbitration shall take place in McHenry County, Illinois at a location agreeable to all parties."
• 1. Section 12.6 of the Multi-Unit Development Agreement on "Governing Law/Consent to Jurisdiction" is deleted in its entirety.

Source: Item 17 — **RENEWAL, TERMINATION,TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 48–54)