Where in the Aira Fitness FDD can I find the Aira Fitness Marks and Designated Area Information?

[Item 23: **RECEIPTS]

MARKS AND DESIGNATED AREA

A. MARKS. You have the right to use the following Marks in accordance with the terms of the Franchise Agreement:

AIRA FITNESS

AIRA FITNESS design

We may amend this Attachment A from time to time in order to make available additional Marks or to delete those Marks that become unavailable. You agree to use only those Marks that are then currently authorized in this Attachment or the Manual.

B. DESIGNATED AREA. The "Designated Area" means the following area:

If the Designated Area is not identified as of the date of this Franchise Agreement, we will determine the Designated Area when you sign the lease for the Authorized Location. The Designated Area will be an area of up to 3 driving miles from the Authorized Location as we determine in our sole judgment after a review of relevant factors (see Section 2.C).

The Designated Area may overlap with designated areas of other Aira Fitness Businesses. In the overlapping areas, each Aira Fitness Business is permitted to market and solicit for members (see Section 6.B). Once identified by us, the Designated Area is fixed for the initial term of the Franchise Agreement unless you relocate the Aira Fitness Business and upon renewal or transfer (see Sections 4.B, 5.G, and 12.C). The driving miles are fixed as of the date the Designated Area is determined by us based on our mapping program used at the time the Designated Area is determined (currently, ESRI). No Designated Area will be enlarged due to any future road construction or other alteration.

You also acknowledge and agree that certain locations within and outside the Designated Area are by their nature unique and separate in character from sites generally developed as Aira Fitness Businesses. As a result, you agree

that the following locations ("Special Sites") are excluded from the Designated Area and we have the right to develop, license or franchise Aira Fitness Businesses within such locations: (1) military bases; (2) public transportation facilities, including, without limitation, airports, railway stations, limited access highway travel plazas and other transportation terminals; (3) sports facilities, including race tracks; (4) student unions or other similar buildings on college or university campuses; (5) hotels, resorts or similar short-term lodging; (6) apartment or condominium complex; and (7) corporate office buildings or office parks.

You acknowledge and agree that we and our affiliates have the right to develop and operate and grant others the right to develop and operate Aira Fitness Businesses outside the Designated Area, regardless of their proximity to the Designated Area or any negative impact they may have on your Aira Fitness Business.

Source: Item 23 — **RECEIPTS (FDD pages 59–254)