What is the 'Confidential Brand Standards Manual' for a Goldfish Swim School franchise?

"Confidential Brand Standards Manual" means the Goldfish Swim School Confidential Brand Standards Manual, whether in paper or electronic form, and any other items as may be provided, added to, changed, modified or otherwise revised by Franchisor from time to time that contain or describe the standards, methods, procedures and specifications of the System and protection of the brand, including other Brand Standards Manuals, and all books, computer programs, and password-protected portions of an Internet or intranet site or other electronic medium on which the Confidential Brand Standards Manual and brand protection standards are located;

Franchisee also acknowledges that a fundamental requirement of the System, this Agreement, and other Goldfish Swim School franchises is adherence by all franchisees to the Company's uniform standards and policies, except for certain regional or individual differences we may from time to time approve or require. Franchisee acknowledges and agrees that it shall strictly comply and shall cause the Franchised Swim School and its employees to strictly comply, with all requirements, specifications, standards, operating procedures and rules set forth in this Agreement, the Confidential Brand Standards Manual or other communications supplied to Franchisee by Franchisor.

While this Agreement is in effect, Franchisor shall lend to Franchisee one (1) copy of the Confidential Brand Standards Manual or grant Franchisee access to an electronic copy of the Confidential Brand Standards Manual. The Confidential Brand Standards Manual will be in electronic form on our intranet or similar medium. The Confidential Brand Standards Manual will, among other things, set forth the Franchise System, the operating systems, procedures, policies, methods, standards, specifications and requirements for operating the Franchised Swim School and maintain our brand standards. Franchisee shall conduct the Franchised Swim School in strict accordance with the provisions set forth in the Confidential Brand Standards Manual.

Franchisor has the right to add to, delete from or otherwise modify or revise the Confidential Brand Standards Manual from time to time to reflect changes in the specifications, standards, operating procedures and rules prescribed by Franchisor (the "Supplements to the Confidential Brand Standards Manual"), all of which will be considered a part of the

Confidential Brand Standards Manual. All references to the Confidential Brand Standards Manual in this Agreement will include the Supplements to the Confidential Brand Standards Manual. Supplements to the Confidential Brand Standards Manual will become binding upon Franchisee as if originally set forth in the Confidential Brand Standards Manual, upon being delivered to Franchisee. The Confidential Brand Standards Manual and any Supplements to the Confidential Brand Standards Manual are material in that they will affect the operation of the Franchised Swim School, but they will not conflict with or materially alter Franchisee's rights and obligations under this Agreement. Franchisor may make such additions or modifications without prior notice to Franchisee. Franchisee shall immediately, upon notice, adopt any such changes and shall ensure that any printed copy of the Confidential Brand Standards Manual retained by Franchisee or Franchisee's employees is up-to-date at all times. If a dispute as to the contents of the Confidential Brand Standards Manual arises, the terms of the electronic copy of the Confidential Brand Standards Manual maintained by Franchisor shall be controlling.

Designated Manager, on-site general manager if different from the Designated Manager, and Control Person shall comply with all communication requirements as set forth in the Confidential Brand Standards Manual.

Franchisee shall not advertise on the Internet using, or establish, create or operate an Internet site or website using a domain name or uniform resource locator containing, the Marks or the words "Goldfish Swim School" or any variation thereof without Franchisor's written approval. Franchisor is the sole owner of all right, title and interest in and to such domain names as Franchisor shall designate in the Confidential Brand Standards Manual.

The Confidential Brand Standards Manual contains Trade Secrets and other Confidential Information of Franchisor and its contents shall be kept confidential by Franchisee both during the term of the Franchise and subsequent to the expiration and non-renewal or termination of this Agreement. Franchisee shall at all times ensure that any printed copy of the Confidential Brand Standards Manual retained by Franchisee or any of Franchisee's employees is in a current and up-to-date manner. If the Confidential Brand Standards Manual is in paper form or stored on computer-readable media, Franchisee shall maintain the Confidential Brand Standards Manual in a secure manner at the Approved Location; if the Confidential Brand Standards Manual is in electronic form, Franchisee shall maintain the Confidential Brand Standards Manual in a password-protected file. Franchisee shall only grant authorized personnel, as defined in the Confidential Brand Standards Manual, access to the Confidential Brand Standards Manual or any key, combination or passwords needed for access to the Confidential Brand Standards Manual. Franchisee shall not disclose, duplicate or otherwise use any portion of the Confidential Brand Standards Manual in an unauthorized manner.

Source: Item 23 — RECEIPTS (FDD pages 77–389)