What is the relationship between the Module Amendment and the original Franchise Agreement for Extreme Art Studio?

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IN WITNESS WHEREOF, the parties have executed and delivered this Extreme Art Rider, to be effective as of the Rider Effective Date.

EXTREME ART STUDIO FRANCHISING, LLC,

a Texas limited liability company

DATED: FRANCHISE OWNER FRANCHISE OWNER (IF YOU ARE A CORPORATION, (IF YOU ARE AN INDIVIDUAL AND NOT A LEGAL ENTITY): LIMITED LIABILITY COMPANY, OR PARTNERSHIP): (Entity Name) (Signature) (Print Name) DATED: DATED:

EXHIBIT H-9

MODULE AMENDMENT TO FRANCHISE AGREEMENT

EXTREME

provide under the Franchise Agreement, Franchisee will maintain detailed records of all cost information, sales information, and other sales data associated with the Module(s) that it operates ("Module Data").

Franchisee agrees to provide the Module Data to Franchisor at Franchisor's request and in accordance with the recordkeeping and reporting requirements of the Franchise Agreement and the Franchise Agreement is hereby amended accordingly. Franchisee further agrees that the Module Data is owned by Franchisor and that Franchisor may use the Module Data in any way it chooses.

• 1. NO TERRITORIAL RIGHTS FOR MODULES. Franchisee agrees and acknowledges that it will not receive any territorial rights whatsoever in connection with the Module(s). Franchisor's affiliate, Kidcreate Studio Franchising, LLC offers each of its franchisees identical rights to each of the Modules and the same curriculum. Accordingly, none of the territorial rights granted to Franchisee under the Franchise Agreement shall apply to the Module(s) selected. Further, Franchisee understands and agrees that other brands that Franchisor and its affiliates license, franchise and operate, including Kidcreate franchisees, may offer identical curriculum using the same names as the Module(s) that Franchisee offers and that Franchisee may face competition from such parties. Franchisee agrees that the presence of Kidcreate franchisees and other parties operating under brands other than Extreme Art are free to offer the Module(s) in Franchisee's Territory and that doing so shall not be considered a violation of the Franchise Agreement. Franchisee agrees that it will not raise any claims against Franchisor regarding competition or territorial encroachment related to the Module(s).
• 1. MODULE TECHNOLOGY FEE. Franchisee acknowledges and agrees that, in connection with the Module Franchisee shall pay Franchisor an additional monthly "Module Technology Fee" of $250. The Module Technology Fee is in addition to all other fees owed under the Franchise Agreement, which shall be paid at the same time and manner as the Technology Fee. The Module Technology Fee is not refundable under any circumstances. The Franchise Agreement is hereby amended accordingly.
• 1. GROSS SALES, ROYALTIES AND BRAND FUND CONTRIBUTIONS. For the avoidance of doubt, the definition of "Gross Sales" in the Franchise Agreement shall include revenues from the Module(s) and Franchisee agrees to pay the standard applicable Royalties and Brand Fund Contributions under the Franchise Agreement on all such amounts. The Franchise Agreement is hereby amended accordingly.
• 1. FRANCHISEE ACKNOWLEDGEMENTS. Franchisee acknowledges and agrees that the Module(s) will require Franchisee to incur increased initial and ongoing expenses in operating the Extreme Art Business including but not limited to inventory, equipment, supplies, materials, products, staff training and signage, some of which must only be purchased from Franchisor's approved vendors. Franchisee acknowledges that the expenses will result in a material increase to the cost to operate the Extreme Art Business and that it has had an opportunity to investigate these expenses prior to entering into this Module Amendment and is solely responsible for such expenses.
• 1. NO REPRESENTATIONS BY FRANCHISOR. Franchisor makes no representations, warranties, or guaranties, express or implied, relating to the viability of the Module(s), including but not limited to the potential revenues, income, profits, volume or success of the Module(s) contemplated by this Module Amendment.
• 1. ENTIRE AGREEMENT. Each party has carefully read this Module Amendment and this Module Amendment expresses the final and entire agreement between the parties as to the Module(s). There are no oral or other agreements or understandings between the parties affecting this Module Amendment.
• 1. REAFFIRMATION. Except as specifically provided in this Module Amendment, all of the terms, conditions and provisions of the Franchise Agreement will remain in full force and effect as EXTREME

originally written and signed. In the event of any inconsistency between the provisions of the Franchise Agreement and this Module Amendment, the terms of this Module Amendment shall control.

• 1. SEVERABILITY. If all or any part of a provision of this Module Amendment violates applicable law, the affected provision or part will not be given effect. If all or any part of a provision of this Module Amendment is declared invalid or unenforceable, for any reason, or is not given effect by reason of the prior sentence, the remainder of the Module Amendment will not be affected, and the parties will modify the invalid or unenforceable provision to the extent required to be valid and enforceable.
• 1. GOVERNING LAW AND VENUE.

Source: Item 22 — CONTRACTS (FDD page 49)