Does the Bambu Franchise Agreement expressly prohibit any activities that Bambu is otherwise allowed to engage in?

To use and to license others to use, the Marks and Bambū system in connection with the operation of a Bambū shoppe, at any location other than the Protected Area and, if applicable, within your Development Area;

To use the Marks to identify any type of products and services, promotional and marketing efforts or related items, and to identify products and services distributed or otherwise made available through alternative channels of distribution (other than Bambū shoppes), at any location, including sales through channels such as retail or wholesale distribution, Internet marketing and distribution, social media marketing, mail order, catalog, retail store display, or made-to-order or pre-packaged product sales in grocery stores;

To use and license the use of different proprietary marks or methods (for example, if we acquire or are acquired by another business that provides products and services similar to or the same as a shoppe) in connection with the sale of products and services similar to or the same as those which you sell, whether in alternative channels of distribution or through owning, developing, operating or franchising stores which are the same as, or similar to, or different from Bambū shoppes, at any location, and on any terms and conditions as we determine, although we have no present plans to do so;

To use and to license others to use the Marks and Bambū system to establish restaurants similar to Bambū shoppes that service walkup and drive-thru customers but without indoor seating (a "Drive-thru shoppe"), at any location, including in your Protected Area and, if applicable, in your Development Area; provided that if we desire to open or permit someone else to open a Drive-thru shoppe in your Protected Area or Development Area, we will give you a right of first refusal to participate in the Drive-thru shoppe with either partial or whole ownership thereof;

To use and license others to use the Marks and Bambū system to establish shoppes at Institutional Facilities at any location, including in your Protected Area and, if applicable, in your Development Area. "Institutional Facilities" means outlets that serve primarily customers located within a captive facility, such as parks charging admission, stadiums, amusement parks, theaters, art centers, airports, transportation facilities, department stores, business and industrial complexes, museums, educational facilities, hospitals, military complexes, buyer club facilities, casinos, resorts, hotels and convention centers; and

To engage in any other activities not expressly prohibited in the Franchise Agreement or MUD Agreement, if applicable, including operating or granting any third party the right to operate, any Bambū shoppe that we or our designees acquire as a result of the exercise of a right of first refusal or purchase right that we may have been granted at any location.

We have no present plans to establish other related franchises or company-owned businesses selling similar products or services under a different name or trademark, although, as just stated, we reserve the right to do so.

Source: Item 12 — (FDD pages 38–40)