anchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed with the franchise.

• 1. Minnesota Rules 2860.4400(G) prohibits a franchisor from imposing on a franchisee by contract or rule, whether written or oral, any standard of conduct that is unreasonable
• 1. Any capitalized term that is not defined in this Addendum shall have the meaning given it in the Franchise Agreement.
• 1. Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect.

IN WITNESS WHEREOF, the parties have executed and delivered this Agreement on the dates noted below, to be effective as of the Effective Date.

PUMP IT UP HOLDINGS, LLC, an Arizona limited liability company

ADDENDUM TO PUMP IT UP FRANCHISE AGREEMENT

REQUIRED FOR NEW YORK FRANCHISEES

("Franchise This Addendum to Pump It Up Franchise Agreement dated Agreement") between Pump It Up Holdings, LLC ("PIU") and ("You") is entered into simultaneously with the execution of the Franchise Agreement. 1. The provisions of this Addendum form an integral part of, and are incorporated into, the Franchise Agreement. This Addendum is being executed because: (A) the offer or sale of a franchise to you was made in the State of New York; (B) you are a resident of the State of New York; and/or (C) the Franchised Business will be located or operated in the State of New York. 2. Any provision in the Franchise Agreement that is inconsistent with the New York General Business Law, Article 33, Sections 680 - 695 may not be enforceable. 3. The following sentence is added to the end of Section 27.B.: Notwithstanding the foregoing, the New York Franchises Law shall govern any claim arising under that law. 4. The following sentence is added to the end of Section 27.H: Our right to obtain injunctive relief exists only after proper proofs are made and the appropriate authority has granted such relief. 5. Any capitalized term that is not defined in this Addendum shall have the meaning given it in the Franchise Agreement. 6. Except as expressly modified by this Addendum, the Franchise Agreement remains unmodified and in full force and effect. IN WITNESS WHEREOF, the parties have executed and delivered this Agreement on the dates noted below, to be effective as of the Effective Date. PUMP IT UP HOLDINGS, LLC, FRANCHISEE an Arizona limited liability company

ADDENDUM TO PUMP IT UP FRANCHISE AGREEMENT

REQUIRED FOR WASHINGTON FRANCHISEES

• 1. Section 4.C. of the Franchise Agreement is deleted and replaced with the following:
  • C. Continuation. If for any reason, you continue to operate your Pump It Up Business beyond the Initial Term of this Agreement or any subsequent renewal period, it shall be deemed to be on a month-to-month basis under the terms of this Agreement and subject to termination upon 30 days' notice or as required by law (the Initial Term and all renewals shall be referred to as the "Term"). If said hold-over period exceeds 90 days, this Agreement is subject to immediate termination unless applicable law requires a longer period. Upon termination after any hold-over period, you and those in active concert with you, including family members, officers, directors, partners and managing agents, are subject to the terms of Sections 18.A, 18.B(3), 20.A., and 21 of this Agreement and all other applicable post-termination obligations contained in this Agreement.
• 1. The following statement shall be added to the end of Section 7.A.(1) of the Franchise Agreement:
  • "We will defer the collection of the Initial Franchise Fee from Washington franchisees until we have completed all of our pre-opening obligations and you are open for business."
• 1. Section 17 of the Franchise Agreement shall be deleted in its entirety.
• 1. Section 18.B of the Franchise Agreement does not apply in Washington.
• 1. The following statement shall be added at the end of Section 19 of the Franchise Agreement:
  • The Franchisee may terminate the Agreement upon any grounds available by law.
• 1. The Franchisee's indemnification obligations under Section 23.A.

Source: Item 23 — RECEIPTS (FDD pages 60–225)