Is the Kitchen Solvers FDD considered a contract?

BACKGROUND

• E. You have had a full and adequate opportunity to be thoroughly advised of the terms and conditions of this Agreement and have had sufficient time and opportunity to evaluate and investigate the business concept and the procedure and financial requirement associated with the business as well as the competitive market in which it operates.

F. You have expressed an interest in obtaining the right to open multiple Businesses within a specific geographic area, and we are willing to grant such right upon the terms and conditions set forth in this Agreement.

ADDENDUM TO KITCHEN SOLVERS® FRANCHISE AGREEMENT FOR THE STATE OF NEW YORK

To the extent the New York General Business Law, Article 33, §§680 - 695 applies, the terms of this Addendum apply.

1. Notwithstanding anything to the contrary contained in the Franchise Agreement, to the extent that the Franchise Agreement contains provisions that are inconsistent with the following, such provisions are hereby amended:

Any provision in the Franchise Agreement that is inconsistent with the New York General Business Law, Article 33, Section 680 - 695 may not be enforceable.

Any provision in the Franchise Agreement requiring franchisee to sign a general release of claims against franchisor does not release any claim franchisee may have under New York General Business Law, Article 33, Sections 680-695.

The New York Franchise Law shall govern any claim arising under that law.

• 1. Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect.

RECITALS

A. Franchisor and Franchisee entered into a KITCHEN SOLVERS Franchise Agreement dated,

• C. Subject to and as addressed with greater specificity in the terms and conditions set forth below, Kitchen Solvers and Franchisee now desire to settle any and all disputes that may exist between them relating to the Franchise Agreement.

Source: Item 23 — Receipts (FDD pages 49–190)