Does a Beyond Juicery Eatery franchisee receive a geographic territory?

iness concepts and independently inspected the operations of Restaurants operating the System and have satisfied yourself by the performance of your own due diligence that entering into this Agreement is your business decision.

WHEREAS, you have not relied upon any oral statements or other representations other than as are contained in our Franchise Disclosure Document.

NOW THEREFORE, in consideration of the foregoing recitals, which are hereby incorporated into this Agreement by this reference, the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt, sufficiency, and adequacy of which are hereby acknowledged, the parties agree as follows:

1. GRANT OF FRANCHISE; TERM

1.01 You have applied for a franchise to own and operate a Beyond Juicery + Eatery Restaurant. Subject to all of the terms and conditions of this Agreement and upon complete execution of this Agreement by all parties, we hereby grant to you a franchise (the "Franchise") to operate a single Beyond Juicery + Eatery Restaurant at a single Location utilizing the System and the Trademarks within a geographic area (the "Designated Area") as we determine. During the Initial Term and for so long as no uncured Event of Default has occurred, we will not establish, nor authorize any other person to establish a Beyond Juicery + Eatery Restaurant within your Designated Area. However, enclosed malls, institutions (such as without limitation, hospitals, schools, military bases, or convention centers), airports, parks (including theme parks), casinos, and sports arenas will be excluded from your Designated Area and we may open other Restaurants, or franchise the right to open Restaurants to other persons, at any of these locations, regardless of where they are located and regardless of the name under which they operate. The Designated Area and Location are described in Attachment 1 attached to this Agreement.

Except as expressly limited by the preceding paragraphs, we and our affiliates retain all rights with respect to Beyond Juicery + Eatery Restaurants, the Trademarks, the sale of similar or dissimilar products and services, and any other activities we deem appropriate whenever and wherever we desire, including, but not limited to:

• A. The right to establish and operate, and to grant to others the right to establish and operate a similar business or any other businesses offering similar or dissimilar products and services through similar or dissimilar channels of distribution, at any locations inside or outside your Designated Area under trademarks or service marks other than the Trademarks and on any terms and conditions we deem appropriate;
• B. The right to provide, offer and sell and to grant others the right to provide, offer and sell goods and services that are identical or similar to and/or competitive with those provided at Beyond Juicery + Eatery Restaurants, and other goods and services such as cleanses and subscriptions, whether identified by the Trademarks or other trademarks or service marks, through dissimilar channels of distribution (including without limitation, grocery stores, off-site catering, food trucks, food trailers, ghost kitchens, mobile applications, third-party delivery service

providers, vending, convenience stores, other retail outlets, and the internet or similar electronic media) both inside and outside your Designated Area and on any terms and conditions we deem appropriate;

• C. The right to establish and operate, and to grant to others the right to establish and operate, businesses offering dissimilar products and services, both inside and outside your Designated Area under the Trademarks and on any terms and conditions we deem appropriate;
• D. The right to operate, and to grant others the right to operate Beyond Juicery + Eatery Restaurants located anywhere outside your Designated Area under any terms and conditions we deem appropriate and regardless of the proximity to the Restaurant;
• E.

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