1. The undersigned Applicant warrants and certifies that any and all the information they provide to Edible Arrangements International, Inc. or any of its affiliates (“Edible Arrangements”), including the information contained in the foregoing application is true, accurate and complete.

2. Neither the submission of this application nor anything contained herein shall be deemed to obligate the Applicant to purchase nor Edible Arrangements to sell a franchise, otherwise to commit or bind either party to enter into any contractual or other relationship with the other party, or to obligate Edible Arrangements to disclose any Confidential Information (as defined below) to the Applicant. The granting of franchise rights to the Applicant is at the sole discretion of Edible Arrangements, and will be accomplished, if at all, only by the parties fully signing a Franchise Agreement. This information is not intended as an offer to sell, nor is it a solicitation of an offer to buy a franchise. It is for information purposes only.

3. The Applicant represents that neither he/she nor his/her spouse is at this time, or was at any time in the past, involved directly or indirectly in any fruit or gourmet gift business or substantially similar business, either as owner, consultant, contractor, director, officer, manager, member, employee, or in any other capacity, except as stated below:

4. The Applicant acknowledges that he/she has requested Edible Arrangements to provide disclosure of “Confidential Information,” as defined below, for the purpose of evaluating the purchase of a franchise from Edible Arrangements. The Applicant acknowledges and agrees that they must and shall secure, protect and maintain in the strictest confidence; the Confidential Information. “Confidential Information” shall mean any and all information, in whatever form, which is provided by Edible Arrangements to the Applicant in connection with his/her evaluation of the Edible Arrangements® franchise opportunities, all discussions related thereto, and all other information regarding Edible Arrangements and its franchisees and their operations that may be furnished to the Applicant or to which the Applicant otherwise may have access, whether in tangible or intangible form, and whether or not stored, compiled or memorialised physically, electronically, graphically, photographically or in writing. Confidential Information shall not include information that:

1. as of the time of its disclosure is or thereafter becomes part of the public domain;
   1. through a source other than the Applicant; and
   2. without violation of this Agreement by the Applicant
2. can be demonstrated to be;
   1. rightfully known to the Applicant as of the time of its disclosure; or
   2. independently developed by the Applicant
3. is subsequently learned independently from a third party who is not under a confidentiality obligation to Edible Arrangements; or
4. is required to be disclosed pursuant to a duly authorised subpoena, court order, or government authority, in which event the Applicant shall provide prompt written notice to Edible Arrangements prior to such disclosure so that Edible Arrangements may seek a protective order or other appropriate remedy. The Applicant shall not sell, transfer, publish, disclose, or make available any portion of the Confidential Information to third parties without the prior written consent of Edible Arrangements; provided however, that the Applicant may disclose the confidential Information to his/her legal or financial advisors with respect to the potential franchise purchase. All such disclosures shall be subject to all of the terms and conditions set forth herein, and the Applicant shall be fully responsible for ensuring the compliance of all such persons with these terms and conditions.

5. The Applicant acknowledges that all Confidential Information is proprietary, material and confidential and materially affects the successful conduct of the Edible Arrangements® business and its goodwill. The Applicant acknowledges that his/her breach of these terms and conditions may cause irreparable injury to Edible Arrangements, and for which Edible Arrangements shall have no adequate remedy at law. The Applicant acknowledges and agrees that, in addition to all other remedies available at law, Edible Arrangements may seek and obtain injunctive and other equitable relief against such breach. The Applicant waives any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or decrees.

6. The Applicant agrees not to make use of any Confidential Information, or cause or permit any other person to use such Information, for purposes other than the evaluation of the purchase of a franchise from Edible Arrangements.

7. The Applicant agrees that all Confidential Information (and derivatives thereof) is and at all times shall be the exclusive property of Edible Arrangements. No license under any patent, trademark, copyright or any other worldwide intellectual property or proprietary rights laws are either granted or implied by the disclosure or provision of any Confidential Information pursuant to this application. All rights are reserved. Unless the Applicant and Edible Arrangements have entered into a franchise agreement, upon completion of the Applicant’s evaluation of the EDIBLE ARRANGEMENTS® franchise opportunity or at the request of Edible Arrangements at any time, the Applicant agrees to destroy promptly all of their copies of such Confidential Information or return the same to Edible Arrangements (in accordance with Edible Arrangements’ instructions), and shall, upon request, certify in writing their compliance with the terms of this provision. After such destruction or delivery, the Applicant shall not retain any copies thereof.

8. The Applicant agrees to supply statements from his/her professional advisers (banker, broker, accountant or lawyer) verifying the above assets, and to furnish copies of Tax Returns that were filed with the relevant government authorities for the last five years, if so requested by Edible Arrangements.

9. The Applicant understands and agrees that Edible Arrangements is relying upon all the above information as a material factor in considering their application to become an Edible Arrangements® franchisee, and Applicant therefore agrees to promptly notify Edible Arrangements of any material change in any of this information or any information subsequently provided to Edible Arrangements

10. The Applicant authorises Edible Arrangements and its assignees to conduct an investigative background and status report (including (but not limited to) information as to the Applicant’s character, general reputation, personal characteristics and mode of living, investigation of the Applicant’s background and credit investigation based on the information voluntarily provided by the Applicant who hereby warrants that all information provided is true and accurate. The Applicant understands that they have a right to request that Edible Arrangements make a complete and accurate disclosure of the nature and scope of any such investigation. Edible Arrangements may obtain the Applicant’s credit report in connection with this application. By signing acceptance of these conditions, the Applicant hereby authorises all credit reference agencies, bank(s), creditors and suppliers to release to Edible Arrangements, all information requested regarding the Applicant’s depository, loan or other credit information, without limitation. The Applicant authorises the release of any information requested under this authority by telephone or in writing as required by Edible Arrangements. The Applicant hereby releases their bank(s), creditors, suppliers and Edible Arrangements from all liability with respect to the release of any such requested information. Authorisation is granted to use photo or fax copies of the Applicant’s signature to obtain information. If the Applicant is requesting Edible Arrangements make a credit determination based upon their creditworthiness combined with any co-applicants, the Applicant authorises Edible Arrangements to discuss any derogatory credit items with any or all such co-applicants.

11. This agreement is made under, and shall be construed and enforced in accordance with the laws of England. The Applicant consents to the jurisdiction of the Courts of England and hereby irrevocably waives any current future objection to the personal jurisdiction of, or venue of such courts.