Item 17: RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION
This table lists certain important provisions of the franchise and related agreements. You should read these provisions in the agreements attached to this disclosure document
| PROVISION | SECTION IN FRANCHISE AGREEMENT | SUMMARY |
|---|---|---|
| a. Term of the franchise. | Section 3.1 | 4 year term. |
| b. Renewal or extension of the term. | Section 3.2 (see Exhibits A:c,d) | Right to renew agreement for another 4 years if provisions are met. |
| c. Requirements for you to renew or extend. See Note 7(c) for details. | Section 3.2 (see Exhibits A:c,d) | Comply with terms in franchise agreement. |
| d. Termination by you. | Sections 12.3, 13.1, 13.3 (see Exhibits A:c,d) | 120 days notice required. Deposit is nonrefundable. |
| e. Termination by Coffee News USA without cause. | None (see Exhibits A:c,d) | We will not terminate without cause. |
| f. Termination by Coffee News USA with cause. | Section 12.1 (see Exhibits A:c,d) | We can terminate if you breach or default under any provision of the franchise agreement. |
| g. "Cause" defined defaults which can be cured. | None (see Exhibits A:c,d) | There exists no provisions for defaults which may be cured. |
| h. "Cause" defined defaults that cannot be cured. | Sections 12.1, 12.2 (see Exhibits A:c,d) | Waivers for prior breaches or defaults are not binding against same or different breaches or defaults. |
| i. Your obligations on termination / nonrenewal. | Section 13.3 (see Exhibits A:c,d) | You shall return all materials and information relevant to sales and production of Coffee News. |
| j. Assignment of contract by Coffee News USA. | Section 10.1 | Franchise agreement does not specifically restrict or permit us to assign our rights but this section does suggest that it is permitted. |
**Excerpt of Item 17 from Coffee News USA 2010 FDD**
Item 18: PUBLIC FIGURES
John Madden, a U.S. sports celebrity, appears in certain of our television commercials in which we advertise products, manufactured or distributed by us and offered for sale by our members.
Subject to certain contractual limitations, John Madden also makes personal promotional appearances on our behalf. We can use his name and photograph in certain printed advertisements promoting the "ACE" name and products sold by Ace stores. In addition, Ace stores are permitted to use, without payment of any special charges, certain materials bearing Mr. Madden's name and photograph in local newspaper advertisements and circulars and on in-store display materials, and bearing his name and voice in radio spots.
We do not utilize Mr. Madden for the purpose of promoting the sale of memberships. Mr. Madden is not involved to any extent in the actual management or control of Ace and does not have any investment in Ace.
**Item 18 from Ace Hardware 2010 FDD**
Item 19: FINANCIAL PERFORMANCE REPRESENTATIONS
The FTC Franchise Rule permits a franchisor to provide information about the actual or potential financial performance of its franchised and/or franchisor-owned outlets, if there is a reasonable basis for the information, and if the information is included in the Disclosure Document. Financial performance information that differs from that included in Item 19 may be given only if: (1) a franchisor provides the actual records of an existing outlet you are considering buying; or (2) a franchisor supplements the information provided in this Item 19, for example, by providing information about possible performance at a particular location or under particular circumstances.
We do not make any representations about a franchisee's future financial performance or the past financial performance of company-owned or franchised outlets. We also do not authorize our employees or representatives to make such representations either orally or in writing. If you are purchasing an existing outlet, however, we may provide you with the actual records of that outlet. If you receive any other financial performance information or projections of your future income, you should report it to our management by contacting Gwyn O'Kane, Vice President Franchise Development, Pirtek USA, LLC, 501 Haverty Court, Rockledge, Florida 32955, (321) 504-4422, the Federal Trade Commission and any appropriate state regulatory agencies.
**Item 19 from Pirtek 2010 FDD**
Item 20: OUTLETS AND FRANCHISEE INFORMATION
| For Fiscal Years Ending April 30,2007 | to April 30, 2009 | |||
| Column 1 Outlet Type | Column 2 Year | Column 3 Outlets at the Start of the Year | Column 4 Outlets at the End of the Year | Column 5 Net Change |
|---|---|---|---|---|
| Franchised | 2007 | 1649 | 2047 | +398 |
| 2008 | 2047 | 2374 | +327 | |
| 2009 | 2374 | 2881 | +507 | |
| Company-Owned | 2007 | 22 | 26 | +4 |
| 2008 | 26 | 50 | +24 | |
| 2009 | 50 | 43 | -7 | |
| Total Outlets | 2007 | 1671 | 2073 | +402 |
| 2008 | 2073 | 2424 | +351 | |
| 2009 | 2424 | 2924 | +500 | |
**Excerpt of Item 20 from Liberty Tax Service 2010 FDD**
ITEM 21: FINANCIAL STATEMENTS
Our audited financial statements for the years ended December 31, 2009, 2008 and 2007 are attached as Exhibit B to this disclosure document.
**Item 21 from Studio 6 2010 FDD**
Item 22: CONTRACTS
The following contracts are attached to this Franchise Disclosure Document in the following order:
- 1. Traditional Re-Bath and Ace Retailer Franchise Agreement - initial and renewal (Exhibit Dl and Exhibit D2)
- 2. Re-Bath Express Franchise Agreement (Exhibit D)
- 3. Confidential Information/Non-Disclosure/Non-Compete Agreement (Exhibit E)
- 4. Promissory Note (Exhibit F)
- 5. Home Depot Agreement (Exhibit K)
Item 23: RECEIPTS
Two copies of an acknowledgment of your receipt of this Franchise Disclosure Document are attached as Exhibit L.
**Item 22 and 23 from Re-Bath 2010 FDD**
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