What is the purpose of the 'Confidential Brand Standards Manual' for Goldfish Swim School?

prospective customers; all specifications, sources of supply (or prospective sources) and all information pertaining to same (including wholesale pricing structures, contents of sourcing agreements and identity of suppliers), all procedures, systems, techniques and activities employed by Franchisor or Franchisee in the offer and sale of products and/or services at or from the Franchised Swim School; prices and pricing policies; financial data; computer programs and software; floor plans; development schedules; development plans; systems; operations and procedures; Confidential Brand Standards Manual; Franchisee's final plans for construction, build-out, design, renovation, décor, equipment, signage, furniture, fixtures, and trade dress of the Franchised Swim School; and all other information provided to Franchisee from Franchisor;

"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;

9.1 Loan 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.

9.2 Revisions

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.

all Goldfish Swim Schools. 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.

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