them to you. We do not deliver or install these items. You will be responsible for ordering and handling the costs of such items. (Franchise Agreement Section 4(a)(ii) – (iii))

• 1. Consultation Services. We are not required to provide you other supervision, assistance or services prior to the opening of your Shop. (Franchise Agreement Section 4.) However, if requested, we will advise on additional topics related to the opening of your Shop.
• 1. Pre-Opening On-Site Assistance/Training. At about the time of opening we may, but are not obligated to, send an officer, staff member, or a designated franchisee or contractor to provide on-site training prior to or within 2 weeks after your opening and, if possible, to attend the opening of your Shop. If provided, our designee will assist you in putting the BURNEY'S SWEETS & MORE system into operation.

At any time that you or any of your affiliates are in breach of the obligations under the Franchise Agreement, or any other agreement with us or any of our affiliates, we or our affiliate may defer the performance of our obligations under the Franchise Agreement (for example, our obligation to accept your site in a timely manner) or such other agreement, or defer the opening of your Shop, until you (or your affiliate's) breach has been cured. Our (or our affiliate's) exercise of that right will not constitute a waiver of our rights under the Franchise Agreement or such other agreement, including, without limitation, our (or our affiliate's) right to terminate the Franchise Agreement or such other agreement.

Ongoing Assistance:

During the operation of your Shop under your Franchise Agreement, we will:

• 1. System Improvements. Make available to you from time to time all improvements and additions to the Franchise System to the same extent and in the same manner as they are made available to BURNEY'S SWEETS & MORE franchisees generally. These improvements may include opportunities to offer new goods and services. The maximum amount you will be required to spend on improvements of your Shop during the first 2 years is $30,000. Thereafter, there is no limit to the cost of the improvements or refurbishments we may require of your Shop. (Franchise Agreement Section 4(a)(v)-(vi))
• 1. Online Presence. We will maintain an Online Presence for the brand, as discussed below. (Franchise Agreement Section 8(i))
• 1. Pricing. Generally, you will have the right to set prices for the goods and services you offer and sell at your Shop. We will offer you our recommendations and advice about setting prices for your goods and services. If the law in your jurisdiction permits us to do so, we reserve the right to establish minimum or maximum prices, to implement system wide promotional pricing, and to establish specific prices for specific goods and services.

Optional Assistance:

We have the discretion to provide you with the following assistance, but not the obligation:

• 1. Advice. We may provide advice and consultation services to you.

Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 23–25)