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Considering the restrictions on suppliers in Item 8, what are the procedures for an Itan franchisee to report a defective product or service, impacting their obligations in Item 9?

Itan Franchise · 2025 FDD

Answer from 2025 FDD Document

Source-Restricted Purchases and Leases - Generally

You must purchase or lease certain source-restricted goods and services for the development and operation of your Salon. "Source-restricted" means the good or service must meet our specifications or must be purchased from an approved or designated supplier (in some cases, an exclusive designated supplier, which may be us or

an affiliate). The Manual includes our specifications and supplier list. We notify you of changes to our specifications and suppliers by email, updates to the Manual or other means of communication.

Supplier Criteria

Our criteria for evaluating suppliers include standards for: (a) quality, performance, design, appearance and price of the product or service; and (b) dependability, production capabilities, reputation and financial strength of the supplier. Upon request, we will provide you with any objective specifications pertaining to our evaluation of a supplier or product, although certain important subjective criteria (e.g., product appearance, design, functionality, etc.) are important to our evaluation but cannot be described in writing.

If you wish to purchase or lease a source-restricted item from a non-approved supplier, you must send us: (a) a written request for approval; (b) product samples for testing purposes; and (c) all additional information we request. The supplier must agree to comply with our minimum insurance, indemnification and confidentiality requirements for system suppliers and allow us to periodically inspect their facility. We may also require that the supplier sign a license agreement with us if the products will bear our Marks. We will notify you of our decision within 30 days after we receive all required information and product samples. We may periodically reinspect approved products and suppliers and revoke our approval if a product or supplier fails to meet our then-current criteria. You must reimburse all costs we incur to evaluate products and suppliers you propose.

Current Source-Restricted Purchases and Leases

We estimate nearly 95% of the total purchases and leases to establish your Salon and 85% of ongoing operating expenses will consist of source-restricted goods or services, as further described below.

Lease

We do not review the terms of your lease. However, if you lease the premises for your Salon, you must use best efforts to ensure your landlord signs the Lease Addendum attached to the Franchise Agreement as ATTACHMENT "C".

Design and Construction Services

You must hire an architect to prepare initial design plans and detailed construction plans for the construction of your Salon. We must approve all plans before constructions begins. Once approved, you must construct and equip your Salon according to the approved plans and the specifications in the Manual. Your architect and general contractor must be appropriately licensed and bonded to the extent required by applicable law. We may require that you utilize an architect that we designate or approve.

Fixtures, Furnishings and Décor

All fixtures, furnishings and décor must meet our standards and specifications and must be purchased from suppliers we designate or approve.

Equipment

You must purchase certain operating equipment that meets our standards and specifications, including tanning beds, spa equipment, bodywraps and various other equipment. Certain operating equipment must be purchased from approved or designated suppliers while other operating equipment may be purchased from any supplier of your choosing. You must purchase FIT Bodywrap® exclusively from FDTC.

Technology Systems

Your Technology Systems (including hardware, software, equipment, software applications, mobile apps and similar items) must meet our standards and specifications.

What This Means (2025 FDD)

According to Itan's 2025 Franchise Disclosure Document, franchisees are obligated to purchase or lease certain goods and services from approved or designated suppliers, as detailed in Item 8. Item 8 specifies that nearly 95% of the total purchases and leases to establish an Itan salon and 85% of ongoing operating expenses will consist of source-restricted goods or services. If a franchisee wishes to purchase or lease a source-restricted item from a non-approved supplier, they must submit a written request for approval, product samples for testing, and any additional information requested by Itan. The supplier must also comply with Itan's minimum insurance, indemnification, and confidentiality requirements and allow periodic inspections of their facility. Itan will notify the franchisee of their decision within 30 days after receiving all required information and samples.

Regarding defective products or services, the FDD states that Itan has no liability to franchisees for the acts, errors, or omissions of system suppliers, including defective or tainted goods, delayed delivery, or inability to meet demand, provided that Itan designates or approves system suppliers in good faith. If a franchisee has a claim relating to the purchase of goods or services from a system supplier, their sole recourse is against the supplier.

If an Itan franchisee has a dispute with a supplier that they believe justifies non-payment or partial payment, they must promptly notify the supplier of the particulars of their claim and diligently pursue resolution of the claim or prosecution of appropriate legal action. Failure to pay a system supplier timely may jeopardize the supplier's relationship with Itan and other franchisees. Any trade debt that remains unpaid more than 30 days after its due date constitutes a material breach of the Franchise Agreement unless alternative payment terms are agreed upon or legal action is initiated to contest the debt before the end of the 30-day period. These obligations are further detailed in Item 9, which outlines the franchisee's responsibilities, including ongoing product/service purchases from approved suppliers.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.