Binz International, LLC, and/or any of its directors, officers, members, shareholders, employees, agents, representatives, heirs, successors or assigns.

IN WITNESS WHEREOF, the parties have caused this Release to be executed as of the day and year written below.

COOL BINZ INTERNATIONAL, LLC [FRANCHISEE ENTITY/NAME] Title: FRANCHISE OWNER(S) [Name of Owner], Individually [Name of Owner], Individually [Name of Owner], Individually

EXHIBIT A-4 TO THE DISCLOSURE DOCUMENT

Equipment Sales and Security Agreement

• 1. EQUIPMENT PURCHASE. Franchisee agrees to purchase from CBI and CBI agrees to sell to Franchisee the tangible equipment listed on the presented invoice ("Invoice") and, if applicable, pursuant to the payment terms set forth in a corresponding promissory note ("Promissory Note"). The equipment purchased under this Agreement shall be referred to as the "Equipment." To secure Franchisee's obligations to pay CBI for the Equipment, in the event CBI financed any portion of the purchase of the Equipment, and to dispose of the Equipment in accordance with the Franchise Agreement, Franchisee has granted to CBI the security interest in the Equipment set forth herein.
• 2. SHIPMENT, TITLE & RISK OF LOSS. CBI will arrange for shipment of the Equipment on the Invoice to Franchisee. Risk of loss and title to the Equipment transfers to Franchisee upon delivery, subject to any security interest of CBI retained under this Agreement. Franchisee acknowledges containers and/or decals may be scratched in the delivery process and that CBI and its agents shall use commercially best efforts in the delivery process. Franchisee shall inspect each shipment promptly upon receipt and will be deemed to accept the Equipment as conforming to the Invoice unless any gross defects or deficiencies are noted to CBI within 24 hours after delivery. Franchisee agrees, if no defects or deficiencies are reported within this time period, all sales are final.
• 3. WARRANTIES. All Equipment is warranted by its manufacturer only. CBI warrants only that the Equipment is delivered with good and merchantable title, free and clear of all liens, claims and encumbrances, and that the Equipment conforms to the requirements set by CBI under the Franchise Agreement. CBI offers no other warranty and assigns to Franchisee any and all rights to any express or implied warranty of each Equipment manufacturer. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES ON THE EQUIPMENT OFFERED, GIVEN OR PROVIDED BY CBI INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
• 4. EQUIPMENT USAGE. Franchisee agrees not to use the Equipment in any business or manner other than in the conduct of the Business pursuant to the Franchise Agreement. Franchisee acknowledges that the Equipment is proprietary to the COOL BINZ franchise system. The Equipment can only be used in connection with COOL BINZ authorized services. Any usage

contrary to this provision shall be considered to be a breach of the Franchise Agreement, the Promissory Note, and this Agreement.

• 5. TRANSFER OF OWNERSHIP. Franchisee acknowledges that the Franchise Agreement imposes restrictions and limitations on the resale of the Equipment. Franchisee acknowledges that the Equipment may not be sold, leased, or rented to or used by any other party, except under the conditions stated below, as provided in the Franchise Agreement, or as permitted in writing by CBI. The Equipment is proprietary and authorized for use only within the COOL BINZ franchise network. Franchisee covenants that Franchisee will not transfer title to the Equipment except in one of these two ways:
  • a. Sell the Equipment to another COOL BINZ Franchisee in good standing under its franchise agreement at a mutually acceptable price. CBI has first right of refusal to purchase the Equipment and must approve any transaction. If CBI financed any portion of the purchase price of the Equipment, the transferee will pay the proceeds to CBI if there is any outstanding balance under the Promissory Note for the Equipment prior to transfer of the Equipment. At the time of transfer Franchisee's account with CBI must be current and the purchasing Franchisee may not have any pending default under any agreement with CBI.
  • b.

Source: Item 23 — RECEIPTS (FDD pages 63–238)