Section 2.10 PRE-OPENING TRAINING

• (a) Pre-Opening Training. Our pre-opening training consists of our Franchisee Training Program and our Regional Manager Training Program (collectively, "Pre-Opening Training"). We will provide, and the individuals that collectively comprise Franchisee or, if Franchisee is a Business Entity, Franchise Owners must attend and successfully complete within 30 days of signing the Franchise Agreement, our proprietary Franchisee Training Program at our training facility at our corporate headquarters in Fort Lauderdale, Florida. We also will provide, and your Regional Manager must attend and successfully complete, our Regional Manager Training Program at our training facility. All Trainees must successfully complete our training requirements to our satisfaction. Each Trainee must sign our form of Confidentiality and Non-Competition Agreement (the form of which is included in the Operations Manual) as a condition of our approval. Pre-Opening Training for the individuals identified in this Section 2.10(a) (but not for any additional personnel or replacements of the individuals identified) are included in the Initial Franchise Fee, provided that you are responsible for all expenses of the Trainees to attend the programs described in this Section 2.10(a), including all payroll, travel, lodging and meal expenses.
• (b) Failure to Complete Pre-Opening Training. If any individual required to attend Pre-Opening Training fails to complete the applicable training program, as we reasonably determine, we may: (i) at your expense and direction, retrain the Trainee or train another Trainee; or (ii) elect to terminate this Agreement. If we elect to terminate this Agreement, we will retain the Initial Franchise Fee, and you must sign the Franchise Termination and Release Agreement included as Exhibit N to the FDD.

(c) No Warranty of Success. Our determination that your Trainees have successfully completed any required training programs is not a warranty or representation that any Trainee can or will successfully operates the Franchise Business or any aspect of the Franchise Business.

Source: Item 8 — Receipts. Any sale made must be in compliance with § 683(8) of the Franchise Sale Act (N.Y. Gen. Bus. L. § 680 et seq.), which describes the time period a Franchise Disclosure Document (offering prospectus) must be provided to a prospective franchisee before a sale may be made. New York law requires a franchisor to provide the Franchise Disclosure Document at the earliest of the first personal meeting or ten (10) business days before the execution of the franchise or other agreement or the payment of any consideration that relates to the franchise relationship. (FDD pages 99–263)