Can I operate a Clean Your Dirty Face Facial Bar that I own and operate and use Clean Your Dirty Face marks?

ess is | | ("you" or "your") as of the date signed by us | and set forth opposite our signature on this | | Agreement (the "Effective Date"). | |

1. GRANT OF FRANCHISE.

1.A. PREAMBLES.

• (1) We and our affiliates have, with considerable effort, developed (and continue to develop and modify) a system and franchise opportunity to establish, operate and promote a distinctive spa concept offering facials, related beauty services, and related retail products under the name "Clean Your Dirty Face^®" (each a "CYDF Facial Bar").
• (2) We and our affiliates use and promote, and license others to use and promote, certain trademarks, service marks, and other commercial symbols, and may create, use, and license other trademarks, service marks, and commercial symbols, each of which have gained and will continue to gain public acceptance and goodwill, for use in operating or identifying CYDF Facial Bars (collectively, the "Marks").
• (3) We and our affiliates have also developed a distinctive business format and business system, using the methods, procedures, signs, designs, layouts, standards, specifications that we approve, and offering those products and services that we approve, all of which we may improve, further develop, or modify from time to time, (i) for CYDF Facial Bars, using the Marks (the "Franchise System").
• (4) We grant franchises to persons who meet our qualifications and are willing to undertake the investment and effort to use the Marks and the Franchise System to own and operate a CYDF Facial Bar.
• (5) You have applied and been approved for a franchise to own and operate a CYDF Facial Bar.

1.B. ACKNOWLEDGMENTS.

You acknowledge that:

(1) you have independently investigated this franchise opportunity and recognize that, like any other business, the nature of the business that a CYDF Facial Bar conducts may (and probably will) evolve and change over time;

• among other things, your business abilities and efforts are vital to your Business (as defined in Section 1.C);
• attracting customers for your Business will require you to make consistent marketing efforts in your community in accordance with our System Standards (as defined in Section 4.C), which may include media advertising, direct mail advertising and networking, online and social media marketing, and display and use of promotional materials:
• retaining customers for your Business will require you to have high (4) standards of quality and service;
• our officers, directors, employees, and agents act only as representatives of us, and not as individuals, and that business dealings between you and them as a result of this Agreement are deemed to be only between you and us;

Source: Item 22 — CONTRACTS (FDD page 54)