E OF CONTENTS

ATTACHMENTS

ATTACHMENT "A" Deal Terms

AREA DEVELOPMENT AGREEMENT

This Area Development Agreement (this "Agreement") is entered into as of, 202 (the "Effective Date") between Bigfoot Franchising, LLC, a South Carolina limited liability company ("we" or "us") and, a(n) ("you").

• 1. DEFINITIONS. Capitalized terms not defined above have the meanings given to them below, or if not defined below, the meanings given to them in the Initial Franchise Agreement.
  • "Developer Entity" means the Entity that: (a) signs this Agreement as the area developer (if this Agreement is signed by an Entity); or (b) assumes this Agreement subsequent to its execution by the original Owners.
  • "Development Business" means the franchised business you conduct pursuant to this Agreement consisting of developing and opening Bigfoot Forestry Businesses within the Development Territory.
  • "Development Schedule" means the schedule described in §4.1 and Part C of ATTACHMENT "A" for the development of the Bigfoot Forestry Businesses within the Development Territory.
  • "Development Territory" means the geographic area comprised by all of the individual Franchised Territories described in Part D of ATTACHMENT "A" on a combined basis.
  • "Dispute" means any Claim, dispute or disagreement between the parties, including any matter pertaining to: (a) the interpretation or enforcement of this Agreement; (b) the offer or sale of the area development rights; or (c) the relationship between the parties.
  • "Franchise Agreement" means a Bigfoot Forestry Franchise Agreement executed by us and you (or your affiliate) for the development and operation of a Bigfoot Forestry Business pursuant to this Agreement.
  • "Franchised Territory" means and includes any of the franchise territories described in Part D of ATTACHMENT "A", each of which shall serve as the "Territory" assigned to one of your Bigfoot Forestry Businesses under a Franchise Agreement you sign.
  • "General Release" means our then-current form of Waiver and Release of Claims that you and your Owners must sign pursuant to §7.2 in connection with a Transfer.
  • "Initial Franchise Agreement" means the Franchise Agreement you execute for the first Bigfoot Forestry Business to be developed pursuant to this Agreement.
  • "Owner" means a Person who meets any of the following criteria: (a) the Person directly signs this Agreement as the area developer, either alone or in conjunction with one or more other Persons; (b) the Person directly or indirectly through one or more intermediaries owns an Equity Interest in the Development Business or Developer Entity; (c) the Person directly signs a Franchise Agreement as the franchisee, either alone or in conjunction with one or more other Persons; and/or (d) the Person directly or indirectly through one or more intermediaries owns an Equity Interest in any affiliate of yours that executes a Franchise Agreement as authorized by §6.
  • "Permitted Transfer" means a Transfer: (a) between existing Owners; (b) by the Owners to a new Developer Entity for which such Owners collectively own and control 100% of the Equity Interests; or (c) of less than 20% of the Equity Interests in the Development Business or Developer Entity;

Source: Item 23 — RECEIPT (FDD pages 42–162)