Max Muscle

4901 S. Isabel Place, #200, Sioux Falls, SD 57108

[email protected]

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We offer franchises for the use of our Max Muscle trademarks, trade names, service marks and logos (“Marks”) for the operation of retail outlets (“Max Muscle Stores”) that offer proprietary nutritional supplements, proprietary nutraceuticals, accessories (“Max Muscle Products”) and assorted other products (“Authorized Third-Party Products”) that are common in the health and fitness industries. The standard size of a Max Muscle Store ranges between 900 square feet of retail space (including restrooms) and 1,200 square feet of retail space (including restrooms). In some cases we allow you to establish a satellite store (“Satellite Store”) within your authorized territory. A Satellite Store is a business location within your Authorized Territory which functions as a part of another store, such as a kiosk or a display rack located in a gym. A Satellite Store will be a maximum of 600 square feet and will not have a separate store front or entrance. The franchise is operated under a business format per a unique system, including our valuable know-how, information, trade secrets, methods, Operations Manual, standards, designs, methods of Max Muscle 2019 Unit FDD v2 2 trademark usage, copyrights, sources and specifications for Max Muscle Products, and Authorized Third Party Products, proprietary licensed software, confidential electronic and other communications, methods of internet usage, marketing programs, and research and development connected with the operation and promotion of Max Muscle Stores (“System”). We reserve the right to change or otherwise modify the System at any time in our sole discretion. Each Max Muscle Store offers the general public a variety of products in the fitness and health and wellness industries. The products include nutritional supplements, such as whey protein powders, glutamine, protein concentrates, creative, and other supplements. Customers are given advice on fitness and nutrition by Max Muscle Store owners and their employees. You must operate your Max Muscle Store per our standard business operating practices and sign our standard franchise agreement (“Franchise Agreement”). Your Max Muscle Stores must carry Max Muscle Products, including approved supplements and accessories. You may also carry authorized products produced by unaffiliated companies and distributed by one or more of our Affiliate (“Distributed Products”) per our guidelines. You may also sell certain Authorized Third-Party Products provided we have authorized such products that are to be sold from your Max Muscle Store in advance. If we do authorize the sale of Third-Party Products, sales of those Third-Party Products can never exceed 20% of the Gross Revenue from your Max Muscle Store. Therefore, your Max Muscle Store's Gross Revenue must at all times consist of at least 80% of Max Muscle Products. We reserve the right to add, modify, or delete any Max Muscle Products, Distributed Products, or Authorized Third-Party Products at any time in our sole discretion. In addition, it is important that you understand the fact that a product is on the Authorized Third Party Product list does not mean that the product has been tested and approved by us, and you have the obligation to indemnify, defend, and hold us harmless for any claims made against us if you choose to sell any Authorized Third-Party Products. A franchise is available to anyone who is interested in operating a Max Muscle Store and satisfies our qualifications. As a franchise operator you may operate 1 Max Muscle Store for each Franchise Agreement you sign with us. We also offer to select qualified persons the opportunity to acquire the exclusive right to develop multiple Max Muscle Stores in a designated development area (“Development Area”). Although we no longer offer the opportunity to become a regional director (“Regional Director”), we do have existing Regional Directors. Except as listed in Item 2, no Regional Director has management responsibility for Dakota One.

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