Is DVS Holdings, Inc. a party to the Dryer Vent Squad Franchise Agreement?

NORTH DAKOTA FRANCHISE AGREEMENT AMENDMENT

Amendments to the Dryer Vent Squad Franchise Agreement:

In recognition of the North Dakota Franchise Investment Law, Section 51-19, the parties to the attached DVS Holdings, Inc. Franchise Agreement (the "Franchise Agreement") agree as follows:

The North Dakota Addendum is only applicable if you are a resident of North Dakota or if your Dryer Vent Squad Business will be located within the State of North Dakota.

ILLINOIS FRANCHISE AGREEMENT AMENDMENT

Amendments to the Dryer Vent Squad Franchise Agreement:

In recognition of the requirements of the Illinois Franchise Disclosure Act, 815 ILCS 705/1 to 705/45, and Ill. Admin. Code tit. 15, §200.100 et seq., the undersigned agree to the following modifications to DVS Holdings, Inc. Franchise Agreement (the "Franchise Agreement") and, if Franchisor and Franchisee both sign DVS Holdings, Inc., as follows:

Illinois law governs the Franchise Agreement.

In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.

Franchisee's rights upon Termination and Non-Renewal are set forth in sections 19 and 20 of the Illinois Franchise Disclosure Act.

In conformance with section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act or any other law of Illinois is void.

IN WITNESS WHEREOF, the parties have duly executed and delivered this Illinois amendment to DVS Holdings, Inc. Franchise Agreement on the same date as the Franchise Agreement was executed.

NEW YORK FRANCHISE AGREEMENT AMENDMENT

Amendments to the Dryer Vent Squad Franchise Agreement:

In recognition of the requirements of the New York General Business Law, Article 33, Sections 680 through 695, and of the regulations promulgated thereunder (N.Y. Comp. Code R. & Regs., tit. 13, §§ 200.1 through 201.16), the parties to the attached DVS Holdings, Inc. Franchise Agreement (the "Franchise Agreement"):

MINNESOTA FRANCHISE AGREEMENT AMENDMENT

Amendments to the Dryer Vent Squad Franchise Agreement:

In recognition of the requirements of the Minnesota Statutes, Chapter 80C. and Minnesota Franchise Rules, Chapter 2860, the parties to the attached DVS Holdings, Inc. Franchise Agreement (the "Franchise Agreement"), as follows:

1. Article 14.C. of the Franchise Agreement, under the heading "Conditions for Approval of Transfer," subarticle 14.C.(6) is supplemented with the addition of the following language:

; provided, however, that all rights enjoyed by Franchisee and any causes of action arising in Franchisee's favor from the provisions of the Minnesota Franchise Act, Minn. Stat. Section 80C.14 et seq. and Minnesota Rules 2860.4400(D), shall remain in force; it being the intent of this provision that the non-waiver provisions of the Minnesota Rules 2860.4400(D) be satisfied; and

Minnesota law provides a franchisee with certain termination and non-renewal rights. Minn. Stat. Sect. 80C.14 Subdivisions 3, 4, and 5 require, except in certain specified cases, that franchisee be given 180 days-notice of nonrenewal of this Agreement by Franchisor.

1. Article 15.B. of the Franchise Agreement, under the heading "Conditions for Renewal," the subarticle 15.B.(8) is supplemented with the addition of the following language:

; provided, however, that all rights enjoyed by Franchisee and any causes of action arising in Franchisee's favor from the provisions of the Minnesota Franchise Act, Minn. Stat. Section 80C.14 et seq. and Minnesota Rules 2860.4400(D), shall remain in force; it being the intent of this provision that the non-waiver provisions of the Minnesota Rules 2860.4400(D) be satisfied; and

MARYLAND FRANCHISE AGREEMENT AMENDMENT

Amendments to the Dryer Vent Squad Franchise Agreement:

In recognition of the requirements of the Maryland Franchise Registration and Disclosure Law, the parties to the attached DVS Holdings, Inc. Franchise Agreement (the "Franchise Agreement"), as follows:

• 1. The franchise agreement provides that disputes are resolved through arbitration. A Maryland franchise regulation states that it is an unfair or deceptive practice to require a franchisee to waive its right to file a lawsuit in Maryland claiming a violation of the Maryland Franchise Law. In light of the Federal Arbitration Act, there is some dispute as to whether this forum selection requirement is legally enforceable.
• 1. The general release required as a condition of renewal, sale, and/or assignment/transfer shall not apply to any liability under the Maryland Franchise Registration and Disclosure Law.
• 1. Article 18.G. of the Franchise Agreement, under the heading "Choice of Law, Non-Binding Mediation, Binding Arbi

WASHINGTON FRANCHISE AGREEMENT AMENDMENT

Amendments to the Dryer Vent Squad Franchise Agreement:

In recognition of the Washington State Franchise Investment Protection Act, Chapter 19.100 RCW, the parties to the attached DVS Holdings, Inc. Franchise Agreement (the "Franchise Agreement") agree as follows:

In the event of a conflict of laws, the provisions of the Washington Franchise Investment Protection Act, Chapter 19.100 RCW will prevail.

RCW 19.100.180 may supersede the franchise agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise. There may also be court decisions which may supersede the franchise agreement in your relationship with the franchisor including the areas of termination and renewal of your franchise.

In any arbitration or mediation involving a franchise purchased in Washington, the arbitration or mediation site will be either in the state of Washington, or in a place mutually agreed upon at the time of the arbitration or mediation, or as determined by the arbitrator or mediator at the time of arbitration or mediation. In addition, if litigation is not precluded by the franchise agreement, a franchisee may bring an action or proceeding arising out of or in connection with the sale of franchises, or a violation of the Washington Franchise Investment Protection Act, in Washington.

A release or waiver of rights executed by a franchisee may not include rights under the Washington Franchise Investment Protection Act or any rule or order thereunder except when executed pursuant to a negotiated settlement after the agreement is in effect and where the parties are represented by independent counsel. Provisions such as those which unreasonably restrict or limit the statute of limitations period for claims under the Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.

Transfer fees are collectable to the extent that they reflect the franchisor's reasonable estimated or actual costs in effecting a transfer.

This Franchise Owner Agreement and Individual Guaranty (the "Agreement") is individually entered into by you as an owner of ______________________________ (hereinafter referred to as "Franchisee"), and is given and signed by you in favor of DVS Holdings, Inc., franchisor of the Dryer Vent Squad franchise system and in favor of DVS Holdings, Inc., successors and assigns, upon the terms and conditions set forth in this Agreement. In this Agreement DVS Holdings, Inc.is referred to as "us", "our" or "we", and each individual that signs this Agreement is referred to as "you".

You, (hereinafter referred to as "you") the undersigned individual who, individually or on behalf of a corporate entity, is about to sign a Dryer Vent Squad Franchise Agreement or has signed a Dryer Vent Squad Franchise Agreement, represent to us, DVS Holdings, Inc.,, the franchisor of Dryer Vent Squad Franchise system (hereinafter referred to as "we" or "us") that your response to the questions contained in this document are true and represent accurate representations on your behalf. You acknowledge and represent that we are relying on your responses and the information provided by you.

WHEREAS, our franchisor, DVS Holdings, Inc.is not a party to this agreement and does not own or manage the Dryer Vent Squad Business but is an intended third-party beneficiary of this Agreement; and

6. Breach. You agree that failure to comply with the terms of this Agreement will cause irreparable harm to us and to our franchisor DVS Holdings, Inc, and other Dryer Vent Squad franchisees for which there is no adequate remedy at law. Therefore, you agree that any violation of these covenants will entitle us or our Franchisor DVS Holdings, Inc.to injunctive relief. You agree that we and/or our Franchisor DVS Holdings, Inc. may apply for such injunctive relief, without bond, but upon due notice, in addition to such further and other relief as may be available at equity or law, and the sole remedy of yours, in the event of the entry of such injunction, will be the dissolution of such injunction, if warranted, upon hearing duly held (all claims for damages by reason of the wrongful issuance of any such injunction being expressly waived hereby). If a court requires the filing of a bond notwithstanding the preceding sentence, you agree that the amount of the bond shall not exceed $1,000. None of the remedies available to us under this Article are exclusive of any other, but may be combined with others under this Agreement, or at law or in equity, including injunctive relief, specific performance and recovery of monetary damages.

Source: Item 23 — RECEIPTS (FDD pages 51–207)