What is the relationship between the 'Authorized Care Provider Regulation' and the 'Franchisee' for a C3 Wellness Spa?

cable laws, rules, and regulation related to a Spa.

• "Assignment of Telephone Numbers and Digital Media Accounts" refers to and means the Assignment of Telephone Numbers and Digital Media Accounts agreement attached to this Agreement as Exhibit 6.
• "Authorized Care Provider Regulation" shall have the meaning defined in the "Recitals" section of this Agreement and is further supplemented, as follows: the term "Authorized Care Provider Regulation" shall further refer to and mean all applicable federal, state and local rules and regulations that relate to the ownership and operation of a Spa, the Approved Spa Products and Services, Spa Facilities and Management Services, Spa Management Agreements, and the operations of a Spa Management Business including, but not limited, laws related to actions that an Authorized Care Provider may or may not engage in regarding ownership, diagnosis, treatment, supervision, delegation,

flow of funds and the actions that Franchisee may or may not engage in. Without limitation to the foregoing, Authorized Care Provider Regulation shall include all health law regulations and rules including, but not limited to, to health privacy laws that include the Health Insurance Portability and Accountability Act of 1996.

"Authorized Care Providers" shall have the meaning defined in the "Recitals" section of this Agreement and is supplemented, as follows: the term "Authorized Care Providers" shall further refer to and mean those licensed individuals, professional corporations and other individuals and entities that, under applicable federal, state and local rules and regulations are trained, authorized and permitted to perform, offer, provide, oversee, and manage the delivery and performance of those Approved Spa Products and Services that such individual and/or Corporate Entity performs, offers, provides, oversees, and/or manages at a Spa Location and/or on behalf of a Spa Location Franchise.

"Brand Development Fund" shall have the meaning defined and set forth in Article 9.A. of this Agreement.

"Brand Development Fund Fee" shall have the meaning defined and set forth in Article 9.A. of this Agreement.

"Business Management System" refers to and means the software, internet, web based and/or cloud based system or systems, point of sale system or systems and customer relationship management system or systems as same may be individually or collectively designated by Franchisor, in Franchisor's Reasonable Business Judgment, as being required for use by the Franchised Business. Franchisor reserves the right to modify and designate alternative Business Management Systems as Franchisor determines in Franchisor's Reasonable Business Judgment. At all times Franchisor shall possess direct live access and storage based access to the Business Management System for the Franchised Business and to Franchisee's Business Management System Data.

"Business Management System Data" refers to and means the forms, data, tools, customer information, inventory and sales information that: (a) is pre-populated or entered into the 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;

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