Does Mr. Sandless designate the territory for the franchisee?

[Item 11: FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING]

ITEM 11 FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING

Except as listed below, we are not required to provide you with any assistance.

Pre-Opening Obligations

Before you open your Business, we will:

• 1. Provide tuition-free training for you, your Designated Manager, and your Technical Manager (Franchise Agreement, Section 4.1).
  • 1. Loan you one copy of the Operations Manual. (Franchise Agreement, Section 5)
• 1. Approve the site for your Business, if you choose to lease space. (Franchise Agreement, Section 2.5)
  • 1. Sell to you your Franchise Starter Kit.
  • 1. Designate your territory. (Franchise Agreement, Section 2.1)
• 1. Review of your grand opening advertising campaign to promote the opening of your Franchised Business. (Franchise Agreement, Section 7.2)

Obligations After Opening

After your Business opens, we will:

1. Provide consultation and advice concerning the management and operation of the Business as we deem necessary and appropriate. (Franchise Agreement, Section 8)

• 1. Provide, in our discretion, continuing education training programs or seminars for previously trained franchisees, Designated Managers, Technical Managers and employees and require you and/or your employees to attend and successfully complete these programs or seminars. (Franchise Agreement, Section 4.2)
• 1. Maintain a National Advertising Fund, as described below. (Franchise Agreement, Section 13.4)
• 1. Review your local advertising materials to determine if they comply with our specifications. (Franchise Agreement, Section 13.5)
• 1. Provide additional training programs, seminars and/or franchisee conventions, in our sole discretion. (Franchise Agreement, Sections 4.2 and 4.3)

Advertising

Local Advertising

You must conduct Local Advertising to promote your Franchised Business in your Designated Territory. You must spend a minimum of $1,500 each month for local advertising. Upon our request, you must furnish us with a quarterly report and documentation of local advertising expenditures during the previous calendar quarter.

Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 19–25)