Does Circle K provide pre-opening obligations to the franchisee before the business opens?

[Item 11: FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING]

Circle K Store

Except as listed below, TMC is not required to provide you with any assistance.

Pre-Opening Obligations

Before you open your business, we will:

• 1. Review your site and consult with you regarding site selection, but you are ultimately responsible for locating and obtaining an acceptable site (Convenience Store Franchise Agreement, Section 2.1). In evaluating a proposed site, we consider such factors as competition, trade area analysis, proximity to institutions and other potential sources of customers, building suitability, traffic and transportation, the nature and extent of adjacent businesses, the comparative advantages of a particular market, and other factors. We will generally respond within 30 days of your request for approval of your proposed site. If we do not approve the site you propose, we will permit you to examine alternative search areas for your site. If your Store is not fully constructed within (i) one year if the Store is a conversion of an existing convenience store, including but not limited to the conversion of an existing company-operated Circle K Store; or (ii) two years if the Store is a newly constructed Store, your Convenience Store Franchise Agreement may be terminated in accordance with the provisions of the Agreement.
• 1. Approve your property or building lease relating to your Circle K Store (Convenience Store Franchise Agreement, Section 7.7).
• 1. Provide you with site development standards, construction standards, and specifications, based on the as-built plans you provide to TMC of your existing store in a CAD format. If a CAD format is not available, TMC will hire a firm to complete the measurements and provide a plan for your Store in a CAD format, using funds from your Equipment/Construction Funds. If you choose not to accept the Equipment/Construction Funding, you will bear the costs associated with providing the CAD. Once the plan has been approved, TMC will provide you with a complete floor plan, work scope, interior sign and paint plan, and exterior sign and image plan for the project. All construction plans, material specifications, and floor designs must be approved by us before you begin construction (Convenience Store Franchise Agreement, Sections 7.1, 7.2, and 7.6).
• 1. Consult with you regarding the design and layout of your Circle K Store (Convenience Store Franchise Agreement, Section 7.1). We will also provide you with merchandise planograms and recommended retail prices.

[Item 11: FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING]

• 1. Make periodic site inspections and conduct a final inspection, at our option, of your completed Circle K Store to determine whether you have complied with the plans and specifications previously approved by us (Convenience Store Franchise Agreement, Sections 7.2 and 12.1(B)).
• 1. Provide you with a list of approved suppliers for your equipment, fixtures, signs, and inventory (which will include written specifications for certain items of equipment, signs, fixtures, opening inventory and supplies in some instances and approved suppliers in other instances). We do not deliver or install any items (Convenience Store Franchise Agreement, Section 12.1(A)).
• 1. Select a third-party management firm to assist you with the development and construction of your Store. These services will vary depending on the construction and equipment needed to construct or convert your Store to Circle K standards and requirements (Convenience Store Franchise Agreement, Section 12.2).
• 1. Provide you online access to the Business Systems Manuals, which cover our operating policies, architectural and construction standards, store operations, marketing and advertising policies and standards, promotional programs, risk management, loss prevention, accounting, and other business matters. The table of contents of the Business Systems Manuals as of our last fiscal year is attached as Exhibit D (Convenience Store Franchise Agreement, Section 9.1).
• 1. Provide you with on-site opening assistance at your Circle K Store, as required. You or your operations manager and store manager must have completed the training program, and the Store must be ready to begin operations prior to this on-site opening assistance (Convenience Store Franchise Agreement, Section 8.16). We are not obligated to provide you any pre-opening advertising, but will assist you with developing and carrying out a grand opening (Convenience Store Franchise Agreement, Section 6.2).
• 1. If you qualify, provide you with Equipment/Construction Funding (Convenience Store Franchise Agreement, Section 7.6).
• 1. Train you or your operations manager and your store manager, all of whom must complete the training program to our satisfaction, as follows (Section 8.14):

TRAINING PROGRAM

[Item 11: FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING]

Motor Fuel Business

Except as listed below, TMC is not required to provide you with any assistance.

Pre-Opening Obligations (Motor Fuel Business)

Before you open your business, we will:

• 1. Provide you with standards, policies, guidelines, procedures, programs, requirements and specifications regarding site development and business operations, requirements and specifications. (Motor Fuel Agreement, Section 15(a)).
• 1. Make periodic site inspections of your Motor Fuel Business (Motor Fuel Agreement, Section 15(e)).
• 1. Provide you with a list of approved suppliers for your trademarked items and signs (Motor Fuel Agreement, Section 15(j)).
• 1. Provide you with motor fuel in connection with the quantity requirements noted in your Motor Fuel Commodity Schedule (Motor Fuel Agreement, Section 2).
• 1. Provide you with a copy of the Circle K Card Guide and any other manual we may develop in the future which cover our operating policies, motor fuel business operations, and other business matters (Motor Fuel Agreement, Section 9 (d)).

Continuing Obligations (Motor Fuel Business)

During the operation of your franchised business, we will:

[Item 11: FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING]

Branded Business

Except as listed below, TMC is not required to provide you with any assistance.

Pre-Opening Obligations (Branded Business)

Before you open your business, we will:

• 1. Provide you with a list of approved suppliers for your trademarked items and signs (Branding Agreement, Section 5).
• 1. Provide you with a copy of the Circle K Card Guide and any other manual we may develop in the future which cover our operating policies, branding requirements, and other business matters (Branding Agreement, Section 5).

Continuing Obligations (Branded Business)

During the operation of your franchised business, we will:

Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 60–72)