Does the Kidokinetics Franchise Agreement bind the heirs of the franchisee?

• 20.2. Successors.

This Agreement binds and inures to the benefit of the successors and assigns of Franchisor and is personally binding on and inures to the benefit of Franchisee (including the individuals executing this Agreement on behalf of an entity if Franchisee is an entity) and its or their respective heirs, executors, administrators and successors or assigns; provided, however, the foregoing provision will not be construed to allow a transfer of any interest of Franchisee or Principals, if any, in this Agreement or the Kidokinetics Business Location, except in accordance with Article 15 hereof.

• 15.6.

Death or Permanent Disability.

Upon the death or permanent disability of Franchisee, the Franchise granted by this Agreement is descendible to any heir or other successor, provided the heir or successor is capable of fulfilling the requirements of the Franchise Agreement and agrees to sign a Personal Guaranty, a copy of which is attached to this Agreement as Attachment E, to guaranty the obligations of Franchisee within six months.

If the heir or successor is unwilling or unable, for example due to minority or other impairment, to comply with the obligations of this section, he or she may appoint a Manager, approved by Franchisor to operate the Kidokinetics Business.

If Franchisee's heir or successor does not wish to accept the obligations of the Franchise Agreement, he or she may transfer the Franchised Business in accordance with the obligations contained in this Article 15 of the Agreement within six months from the date of death or permanent disability, to a third party approved by Franchisor in writing.

A transfer under this Section 15.6 is subject to the conditions for Transfers in this Article 15.

Nothing contained herein is intended, nor will it, extend the term of the Franchise Agreement.

For purposes of this Agreement, the term "permanent disability" means a mental or physical disability, impairment or condition that is reasonably expected to prevent or actually does prevent such person from supervising the operation of Franchisee's Kidokinetics Business for six months from its onset.

Immediately after the death or permanent disability of such person, or while the Franchised Business is owned by an executor, administrator, guardian, personal representative or trustee of that person, the Kidokinetics Business shall be supervised by an interim successor manager satisfactory to Franchisor, pending appointment of an approved Manager or transfer of the Franchised Business to the deceased or disabled individual's lawful heirs or successors. If the executor, administrator, guardian, personal representative or trustee cannot or does not appoint an interim manager, Franchisor may provide interim on-site management of Franchisee's Kidokinetics Business, for which services Franchisee shall pay to Franchisor the Interim Management Fee. If Franchisee's heirs or successors do not appoint a Manager or transfer the Franchised Business within 180 days, the Franchise Agreement will automatically terminate, unless prohibited by law.

Source: Item 22 — CONTRACTS (FDD page 59)