Item 11

FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING

Except as listed below, SMF is not required to provide you with any assistance.

Pre-Opening Obligations

Before you open your Franchised Business, we (or our designee) will provide the following assistance and services to you:

• 1. Evaluate any proposed locations for the site of your Franchised Business and designate your Approved Location, as described more fully in this Items (Sections 7 and 8.A of the Franchise Agreement).

You must assume all costs, liabilities, expenses, and responsibility for: (i) locating, obtaining, and developing an Approved Location for your Franchised Business; and (ii) constructing, equipping, remodeling, and/or building out the Approved Location for use as a Franchised Business, all in accordance with our Franchise System standards and specifications.

We may provide you with our current written site selection guidelines, to the extent such guidelines are in place, and any other site selection counseling and assistance we determine is advisable.

Our guidelines for site selection require that you conduct, at your expense, an evaluation of the demographics of the market area for the proposed location.

We may then use these factors in determining the suitability of your proposed site for the Approved Location of your Franchised Business.

In deciding whether to approve a site, we may also consider, among other things: (i) demographic characteristics, traffic patterns, allowed design and building, parking, visibility, allowed signage, the predominant character of the neighborhood surrounding the proposed site; (ii) competition from other businesses selling similar products and services within the area, and the proximity of the site to these businesses, as well as the nature of all other businesses in proximity to the site; (iii) zoning restrictions, soil and environmental issues, and other commercial characteristics; and (iv) the size, appearance, and other physical characteristics of the proposed site (Section 7.1 of the Franchise Agreement).

You must submit information and materials for at least one (1) proposed site to us for approval no later than six (6) months after you have signed your Franchise Agreement.

We will have 15 business days after we receive this information and materials from you to approve or disapprove the proposed site as the location for the Franchised Business.

If we do not provide our specific approval of a proposed site, the site is deemed not approved.

If we determine that an on- site evaluation is necessary, then you must: (i) submit to us in the form we specify a description of the site prior to our representative conducting its on-site evaluation, including evidence that the site satisfies our site selection guidelines, together with other information and materials that we may reasonably require, including a letter of intent or other evidence that confirms your favorable prospects for obtaining the site; and (ii) reimburse us for the expenses incurred in connection with such an evaluation.

We must approve any lease for the Approved Location before you enter into such an agreement.

Source: Item 11 — Franchisor's Assistance, Advertising, Computer Systems, and Training (FDD pages 42–53)