[Item 11: FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING]

ITEM 11 FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING

Except as listed below, the Franchisor is not required to provide you with any assistance:

Pre-Opening Assistance: Before you open your Store, we will:

• 1. Provide you with site selection criteria and general building, design and construction requirements for your Store (Franchise Agreement, Sections 5A and B).
• 1. Provide you with the Approved Suppliers and Approved Supplies List (Franchise Agreement, Section 6C).
• 1. Provide you with either a written copy or an electronic copy of the Manual (or electronic access to the Manual) (Franchise Agreement, Section 6I).
• 1. Provide the training programs described below (Franchise Agreement, Sections 7B and 7C).
• 1. Provide you with opening support for your Store and any additional support we determine necessary (Franchise Agreement, Sections 7B and 7C).

Ongoing Assistance. During the operation of your Store, we will:

• 1. Maintain the Advertising Fund (Franchise Agreement, Section 8A).
• 1. Provide updates to the Approved Suppliers and Approved Supplies Lists and continue to research and develop new products (Franchise Agreement, Section 6C).
• 1. Make periodic visits to your Store as we reasonably determine to be necessary to provide consultation and guidance (Franchise Agreement, Section 6G).
• 1. Provide refresher training courses, and regional meetings and conventions as we determine necessary and require you to attend. We will not charge franchisees and managers to attend

regularly scheduled refresher training courses. We may charge you a fee to attend (and for your employees to attend) regional meetings or conventions that we deem necessary. In this event, you must pay all expenses for you and your employees, including travel and living expenses (Franchise Agreement, Section 7E).

• 1. Provide ongoing communication and support and updates to the Manual (Franchise Agreement, Section 6C).
• 1. Provide technical assistance and support through the telephone (Franchise Agreement, Section 6C).

We will administer an advertising and marketing fund (the "Advertising Fund") for the advertising and marketing programs as we may deem necessary or appropriate. You must contribute to the Advertising Fund up to 4% (currently 1.5%) of the Gross Sales of your Store, as determined by us, payable together with the Royalty Fee due under the Franchise Agreement. The Advertising Fund Fee is separate from any local marketing requirements. We have the right to increase the Advertising Fund Fee up to 4% upon 90 days' advance written notice, although if we increase the Advertising Fund Fee to 3% or 4% we will reduce the local advertising requirements accordingly such that your total required marketing expenditure does not exceed 4% of Gross Sales.

We may establish, acquire, or host any website(s) to advertise, market, and promote BEN'S SOFT PRETZELS stores, the products and services that they offer and sell, and/or a BEN'S SOFT PRETZELS franchise opportunity (each a "Franchise System Website"). We may (but are not required to) provide you with a webpage on a Franchise System Website that references your Store for informational purposes only. If we provide you with a webpage on a Franchise System Website, you must: (i) provide us the information and materials we request to develop, update, and modify your webpage; (ii) notify us whenever any information on your webpage is not accurate; and (iii) if we give you the right to modify your webpage, notify us whenever you change the content of your webpage. We will own all intellectual property and other rights in all Franchise System Websites, including your webpage and all information it contains (including the domain name, any associated URL or email address, any website analytical data, and any personal or business data that visitors supply).

Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 23–30)