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ANYTIME FITNESS FRANCHISE DISCLOSURE DOCUMENT

ANYTIME FITNESS FRANCHISE DISCLOSURE DOCUMENT

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fees and a modification to the Protected Territory based upon our then-current methods of determining<br />

Protected Territory areas (and which may include a reduction in the Protected Territory);<br />

6. you present satisfactory evidence that you have the right to remain in possession<br />

of the Franchised Location for the duration of the renewal term, unless we determine that the location of<br />

your business is no longer viable for the operation of your Anytime Fitness Center, in which case we may<br />

condition your right to renew on your obtaining a new site for your Anytime Fitness Center that we<br />

approve;<br />

by us; and<br />

7. your management staff successfully completes any refresher training prescribed<br />

8. you sign and deliver to us a general release, in the form we prescribe, releasing,<br />

to the fullest extent permitted under the laws ofthe state where your Anytime Fitness Center is located,<br />

all claims that you may have against us and our affiliates and our respective officers, directors,<br />

shareholders, employees, insurers, consultants, contractors and agents, in both their corporate and<br />

individual capacities.<br />

3. MARKS AND COPYRIGHTS<br />

A. Identitv of Your Anytime Fitness Center. Your Anytime Fitness Center will be identified<br />

by the trademark "Anytime Fitness®," unless we specifically agree that your center will operate as a<br />

smaller center, under the name "Anytime Fitness Express®."<br />

B. Ownership of Mark. You agree that we own the Marks and the System. You also agree<br />

that any and all improvements and derivations by you relating to the Marks and System are our sole<br />

property and you hereby assign the same to us. We shall have the exclusive right to register and protect<br />

all such improvements and derivations of the Marks and the System.<br />

C. Use. Your right to use and identify with the Marks and System applies only to the<br />

Franchised Location, and exists concurrently with the term of this Agreement and only so long as you are<br />

in complete compliance with our quality standards. You will have the right to use the Marks and System<br />

only in the manner prescribed, directed and approved by us in writing. You will not have or acquire any<br />

rights in any of the Marks or System other than the right of use as governed by this Agreement. You may<br />

not authorize others to use or reproduce our Marks without our prior written consent. Your use of the<br />

Marks and any resulting goodwill will be to our exclusive benefit. If, in our judgment, your conduct<br />

infringes upon or demeans the goodwill, standards of uniformity or quality, or business standing<br />

associated with the Marks or the System, you will immediately, upon written notice from us, modify your<br />

use of the Marks and the System in the manner prescribed by us in writing. You will not during or after<br />

the term of this Agreement do anything directly or indirectly which would disparage, infringe upon, harm,<br />

or contest our rights in, the Marks or System.<br />

D. Promotion. You will operate your Anytime Fitness Center so that it is clearly identified<br />

and advertised as an Anytime Fitness center. The style, form and use of the words "Anytime Fitness" in<br />

any advertising, written materials, products or supplies must, however, have our prior written approval.<br />

You will use the trademark "Anytime Fitness@" and the other Marks which now or hereafter may form a<br />

part of the System, on all signs, paper supplies, business cards, uniforms, advertising materials, web sites,<br />

signs and other articles in the identical combination and manner as we may prescribe in writing and you<br />

will supply to us samples or photographs of the same upon our request. You will comply with all<br />

trademark, trade name, service mark and copyright notice marking requirements and you will supply to us<br />

samples or photographs of the same upon our request. You will not use the words "Anytime Fitness" in<br />

FA 12/09 3

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