Does a Beyond Juicery Eatery franchisee need consent to open for business?

4.02 You are solely responsible for selecting a suitable site for your Restaurant subject to our approval using the site selection criteria in our Operations Manual with the assistance of a commercial real estate broker of your choosing who is approved by us. You must submit to us a description of the proposed site together with evidence satisfactory to us that confirms your favorable prospects for obtaining the proposed site. You must supply the required Development Materials that outline all of the information needed by us to review a proposed site. You must use the real estate site analysis services of our Approved Supplier to evaluate your proposed site. We will give you written notice of approval or disapproval of the proposed site within forty-five (45) days after receiving your written proposal. The factors we generally consider in approving the proposed site for the Location may include, but are not limited to, the following: (i) general location; (ii) traffic patterns; (iii) rent expense; (iv) demographics; (v) equipment and services located at the site; (vi) leasehold improvement costs; (vii) ability to reflect image to be portrayed by "Beyond Juicery + Eatery" Restaurants; (viii) parking; and (ix) other data and information we receive from proprietary software that we use. Notwithstanding the preceding factors, we have the right to approve or disapprove of a proposed site in our sole and absolute discretion. You must select a Location we approve within one hundred twenty (120) days after the execution of the Franchise Agreement. We may cancel the Franchise Agreement in our sole discretion and option if you fail to select a Location acceptable to us within this timeframe. Any advice we provide and our approval of your Location is not a representation, warranty, or evaluation that we believe or that your Location will be a profitable or successful. You are solely responsible for the financial risks and rewards related to the Location you select. We have no obligation or duty and are not responsible or liable to you for any reason that results from the Location selected by you or the purchase or lease of your Location, all of which could lose money and fail. We have the right to review and consent to your Lease prior to the execution of the Lease and reserve the right to charge you a fee for such review. You represent that the Lease as consented to by us shall be executed by all necessary parties within ten (10) days following receipt of our consent. You shall furnish us a

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