Can Focalpoint Coaching require franchisees to use a computer system to maintain sales data?

Franchisee agrees to obtain and use the computer hardware and/or operating software Franchisor may specify at any time and from time to time (the "Computer System"). Franchisor may modify specifications for and components of the Computer System. Franchisee agrees to maintain a functioning e-mail address. Franchisor's modification of specifications for the Computer System, and/or other technological developments or events, might require Franchisee to purchase, lease, and/or license new or modified computer hardware and/or software and to obtain service and support for the Computer System. Although Franchisor cannot estimate the future costs of the Computer System or required service or support, and although these costs might not be fully amortizable over this Agreement's remaining term, Franchisee agrees to incur the costs of obtaining the computer hardware and software comprising the Computer System (or additions and modifications) and required service or support. Franchisor has no obligation to reimburse Franchisee for any Computer System costs. Within sixty (60) days after Franchisee receives notice from Franchisor, Franchisee agrees to obtain the Computer System components that Franchisor designates and to ensure that Franchisee's Computer System, as modified, is functioning properly.

Franchisee agrees that Franchisor or Franchisor's affiliates may condition any license of proprietary software to Franchisee, or Franchisee's use of technology that Franchisor or Franchisor's affiliates develop or maintain, on Franchisee's signing a software license agreement or similar document that Franchisor or Franchisor's affiliates prescribe to regulate Franchisee's use of, and Franchisor's and Franchisee's respective rights and responsibilities with respect to, the software or technology. Franchisor, Franchisor's affiliates and designated suppliers may charge Franchisee a monthly or other fee for any software or technology that Franchisor,

Franchisor's affiliates or designated suppliers license to Franchisee and for other maintenance and support services that Franchisor, Franchisor's affiliates or designated suppliers provide during this Agreement's term.

Despite the fact that Franchisee agrees to buy, use, and maintain the Computer System according to Franchisor's standards and specifications, Franchisee will have sole and complete responsibility for: (1) the acquisition, operation, maintenance, and upgrading of the Computer System; (2) the manner in which Franchisee's Computer System interfaces with Franchisor's and any third party's computer system; and (3) any and all consequences if the Computer System is not properly operated, maintained, and upgraded. Franchisor reserves the right to connect remotely to the Computer System.

Franchisee hereby consents to Franchisor obtaining, using and disclosing to third parties (including, without limitation, prospective franchisees, financial institutions, legal and financial advisors), for any purpose or as may be required by law, any financial or other information contained in or resulting from information, data, materials, statements and reports received by Franchisor or disclosed to Franchisor, whether by means of the Computer System or otherwise, in accordance with this Agreement. Franchisee will obtain such consents from third parties, including Franchisee's clients, as are necessary in order to give effect to the foregoing.

Source: Item 22 — Contracts (FDD pages 56–57)