Does Beyond Juicery Eatery administer the Marketing Fund?

We or our designate shall administer the funds in a national and/or regional marketing fund (the "Marketing Fund") and direct all national and regional advertising programs. We or our designate shall have the sole discretion to consent to or reject all creative concepts, materials, and media and the placement and allocation thereof. The Marketing Fund is established in a separate bank account and monies received for the Marketing Fund are accounted for separately from our other funds. There is no fiduciary or trust relationship created by our administering the Marketing Fund. We may cause the Marketing Fund to be incorporated or operated through a separate entity if we deem appropriate. We anticipate all of our franchisees will contribute to the Marketing Fund. There is no prohibition against us charging different rates for future franchisees. We also may forgive, waive, settle, or compromise claims by or against the Marketing Fund. We may defer or reduce a franchisee's contribution based on the peculiarities of a particular territory or circumstance, existing business practices or other factors that we deem to be important to the operation of any Restaurant or the System. If we terminate the Marketing Fund, we will distribute all unused monies to the contributors in proportion to their respective contributions during a pre-determined period. We and our designate undertake no obligation to make expenditures in the area where your Restaurant Location is located or ensure that any particular franchisee benefits from the placement of such advertising. Such funds may be applied to our costs of maintaining, administering, directing, and preparing national or regional advertising (including without limitation, marketing research, public relations activities, marketing programs and initiatives, including but not limited to, guest membership programs, and employing advertising agencies to assist therein); provided however, that such funds shall not be used to defray our general operating expenses (except reasonable administrative costs and overhead related to the administration or direction of such funds and programs). We will prepare an annual, unaudited statement of the operations and expenditures of the Marketing Fund that is made available to you within six (6) months of the end of our fiscal year. We are not required to have the Marketing Fund statements audited. These statements will be made available to you upon request.

• 9.03 In addition to the national marketing described in Section 9.02, we may from time to time develop and administer advertising, marketing, and sales promotion programs in which you shall participate upon such terms and conditions as established by us.

Source: Item 23 — RECEIPTS (FDD pages 60–337)