For C3 Wellness Spa, what is included in the definition of 'Practice Professional Compensation'?

e Business Management System utilized by Franchisee; (b) is entered by Franchisor or Franchisee into the Business Management System; and/or (c) is recorded, stored and/or maintained by the Business Management System in connection with the Franchised Business.

"C3 Wellness Spa(s)" shall have the meaning defined in the Recitals section of this Agreement and, without limitation to the Recitals section, the definition of "C3 Wellness Spas", shall further include, refer to and mean: every business and all businesses owned and/or operated by Franchisor, Franchisor's affiliates and/or authorized franchisees that use and/or is/are required to use the System and/or Licensed Marks, and, including, but not limited to, the Franchised Business.

"Captive Market" refers to and means any and all facilities, venues, and/or institutions with captive audiences or consumers, workers, members and/or participants. Without limitation to the foregoing, the term Captive Market shall further refer to and include, among other things: hotels, resorts, airports, universities, government facilities, and shopping malls.

"Collateral Assignment of Lease" refers to and means the Collateral Assignment of Lease agreement attached to this Agreement as Exhibit 5.

"Competitive Business" refers to and means any business that is the same as or similar to a Spa Location Franchise and/or a Spa including, but not limited to a business that offers or provides either: (a) facial treatment services, medical spa services, IV vitamin therapy, massage therapy services,

physical therapy, cosmetic services, topical skin treatments, essential oils, and other spa services, and any business and/or other businesses that offers, sells, and/or provides products and/or services similar to the Approved Spa Products and Services that are authorized and designated by us and, as we may designate from time to time in the future; or (b) administration, management and/or marketing services for any business that offers or provides facial treatment services, medical spa services, IV vitamin therapy, massage therapy services, physical therapy, cosmetic services, topical skin treatments, essential oils, and other spa services, and any business and/or other businesses that offers, sells, and/or provides products and/or services similar to the Spa Facility and Management and Services that are authorized and designated by us and, as we may designate from time to time in the future and designated by us as of the Effective Date of this Agreement and, as we may designate from time to time in the future.

"Confidential Information" refers to and means all of Franchisor's and/or Franchisor's affiliates trade secrets, methods, standards, techniques, procedures, data and information, as same may exist as of the Effective Date of this Agreement and as same may be developed, modified and supplemented in the future, constituting and comprising: (a) methods, specifications, standards, policies, procedures, information, concepts, programs and systems relating to the development, establishment, marketing, promotion and operation of Spa Location Franchises; (b) information concerning consumer preferences for services, products, materials and supplies used or sold by, and specifications for and knowledge of suppliers of certain materials, equipment, products, supplies and procedures used or sold by Spa Location Franchises; (c) information concerning customers, customer lists, email lists, database lists, product sales, operating results, financial performance and other financial data of Spa Location Franchises; (d) customer lists and information related to Spa Location Franchises and the Franchised Business; (e) Business Management System Data; (f) current and future information contained in the Operations Manual; and (g) Know-How.

"Confidentiality Agreement" refers to and means the sample form of "Confidentiality Agreement" attached to this Agreement as Exhibit 2.

"Controlling Interest" shall exist for the following individuals, Owners, partners and/or entities: (a) (If Franchisee is a corporation) a controlling interest shall exist for such shareholders and Owners of the voting shares of stock of Franchisee as (i) shall permit voting control of Franchisee on any issue and/or (ii) shall prevent any other person, group, combination, or entity from blocking voting control on any issue or exercising any veto power;

Source: Item 23 — RECEIPTS (FDD pages 59–293)