What are the 'Approved Products' that a Fitstop System Business can offer?

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Section 1: Background

• 1.1 We have the right to license and we administer a system (the "Franchise System") that offers and awards franchises (the "Franchise") for the right to indepenedently own and operate a fitness facility (each, a "System Business") that features, offers, sell and/or provides: (i) membership-based and other fitness classes combining strength training, nutritional information and other fitness-related instruction and training; (ii) access to various fitness and gym equipment; (iii) group fitness training and any other services that we designate or authorize in our proprietary manual(s) (the "Manual(s)") and/or otherwise in writing (collectively with subparts (i)-(ii), the "Approved Services"); and (iv) any fitness apparel, merchandise, nutritional items, branded and/or privately-labeled retail items that we designate or otherwise approve in writing (collectively, the "Approved Products").
• 1.2 Each System Business is authorized to operate (a) under the then-current proprietary marks, logos, associated taglines, names and/or trade dress that we designate now or in the future, including our current primary mark FITSTOP® (collectively, the "Proprietary Marks"), and (b) the system that we and our affiliates have developed for use in connection with the establishment of a System Business (the "System").
• 1.3 Based on the financial and/or other representations you made in your franchise application package and subsequent correspondence, upon which we have materially and reasonably relied, we are willing to award you the right to own and operate a franchised System Business (the "Franchised Business") from a specifc location that you propose and we approve (the "Premises"), subject to and in accordance with the terms and conditions set forth in this Agremeent.
• 1.4 You agree and acknowledge that: (i) you will pay all fees and other amounts payable by you as set out in this Agreement as and when required in connection with the Franchised Business; and (ii) the payments of any amounts to us constitute reasonable consideration for the franchise and other rights you are awarded in connection with your Franchised Business during the term hereof.
• 1.5 The Parties and any third party body which the Parties may call upon to interpret this Agreement shall interpret the provisions of this Agreement to give effect to the intent of this Agreement to strictly adhere to and act in conformity with the System, as it now exists and as we may modify them from time to time via the Manuals or other prior written notice.

Section 2: Franchise Award; Premises and Designated Territory

©2024 Fitstop USA, Inc. 2.1 Franchise Award; Approved Premises. We award you the right, and you undertake and accept the obligation, to independently own and operate the Franchised Business from the location you propose, we approve and you secure in accordance with the terms of this Agreement (the "Premises").

Source: Item 23 — RECEIPTS (FDD pages 50–135)