RECITALS

• A. Franchisor has developed and is in the process of further developing a format and system consisting of uniform standards, methods, procedures, and specifications for the operation of Punch King Fitness (the "System") identified by the service mark "Punch King Fitness," and such other trade names, trademarks, service marks, trade dress, designs, graphics, logos, emblems, insignia, fascia, slogans, drawings, and other commercial symbols as Franchisor may designate to be used (collectively, the "Marks") in connection with, and relating to, the establishment and operation of a business offering A Punch King Fitness franchised business offers HITT boxing and kickboxing training, personal fitness training, nutritional services, and functional fitness training (each, a "Franchised Business");
• B. Franchisor and Developer desire to enter into an area development agreement under which Developer shall obtain the exclusive right to establish and operate a specified number of

Franchised Businesses within a specified geographical area upon the terms and conditions contained in Franchisor's then-current standard franchise agreement (each, a "Franchise Agreement"); and

C. Developer and Franchisor have entered into that certain Franchise Agreement (the "Initial Franchise Agreement") dated the same date as this Agreement for the establishment and operation of the first Franchised Businesses to be developed under this Agreement.

NOW, THEREFORE, for and in consideration of the foregoing promises and the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:

Source: Item 22 — CONTRACTS (FDD pages 56–215)