(Registration number..) of.. (The principal debtor, hereinafter referred to as the FRANCHISEE )

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1 ANNEXURE E DEED OF SURETYSHIP Executed by (The SURETY ) (Hereinafter together referred to as the SURETY ) Being all the members/directors/shareholders of (Registration number..) of.. (The principal debtor, hereinafter referred to as the FRANCHISEE ) In favour of BIG AL S GROUP (PTY) LTD (Registration number 2000/027798/23) (The creditor, hereinafter referred to as the FRANCHISOR )

2 PREAMBLE Whereas the FRANCHISOR has designed, compiled and finalised a fast food and/or restaurant business system and is the owner of all intellectual property rights used in connection with this business system. And whereas the FRANCHISEE desires to establish and operate a fast food and/or restaurant and for this purpose to use the FRANCHISOR S business system and intellectual property rights. And whereas the FRANCHISOR has and/or will be licensing such use to the FRANCHISEE subject to the terms and conditions of the franchise agreement to be entered into simultaneously with the signing of this deed of suretyship. And whereas the SURETY agrees and acknowledges that it wishes to stand surety for all the obligations (of a monetary nature or otherwise) of the FRANCHISEE to the FRANCHISOR in terms of the franchise agreement to be entered into simultaneously with the signing of this deed of suretyship. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. SURETYSHIP 1.1 The SURETY hereby binds himself, his successors and assigns as SURETY for and co-principal debtor in solidum with the FRANCHISEE and each other to the FRANCHISOR for the due and punctual performance by the FRANCHISEE of all its obligations to the FRANCHISOR in terms of the franchise agreement to be entered into simultaneously with the signing of this deed of suretyship, whatsoever the nature of such obligations may be, and whether now due, owing and payable or becoming due, owing and payable in the future. 1.2 This suretyship is given as a continuing covering suretyship in relation to the franchise agreement, it being understood by the parties that it only covers any and/or

3 all of the obligations of the FRANCHISEE which exist from time to time in terms of the franchise agreement. 1.3 The SURETY hereby waives and renounces any right to claim an accounting from the FRANCHISOR before making payment and also waive and renounce the benefits of excussion, division, cession of actions and de duobus vel pluribus reis debendi, and declares himself to know and understand and be fully acquainted with the meaning and effect of this waiver and renouncement. 1.4 Should the SURETY at any time in defending any action based on this suretyship allege that: There is no reason or cause for the FRANCHISEE S obligation to the FRANCHISOR; and/or Errors have been made in the calculation of any amount claimed Then the onus of proving such defence will rest on the SURETY. 1.5 The SURETY hereby agrees and declares that the FRANCHISOR shall always be, in its absolute discretion, without prejudice to its rights hereunder and without notice to the SURETY, entitled to: Grant time or other indulgences to the FRANCISEE and/or any SURETY; Vary any of the terms and conditions of the franchise agreement to be entered into simultaneously with the signing of this deed of suretyship, provided that the franchise agreement makes provision for such variation by the FRANCHISOR and that the variation is done in accordance with the provisions of the franchise agreement.

4 1.6 The SURETY hereby agrees that should any compromise or other arrangement be made between the FRANCHISEE and the FRANCHISOR (either individually or together with any other parties or SURETY) or should the FRANCHISEE be released from any liability by the FRANCHISOR (either individually or together with any other parties or SURETY), such compromise or arrangement shall in no way prejudice the rights of the FRANCHISOR hereunder or affect the liability of the SURETY hereunder, which liability shall remain and continue in full force and effect in respect of any indebtedness or obligations due by the FRANCHISEE to the FRANCHISOR, as if such compromise, arrangement or release had not been made or given. 1.7 The SURETY hereby agrees that all admissions and acknowledgements of indebtedness by the FRANCHISEE to the FRANCHISOR shall be binding upon the SURETY. 1.8 In the event of the liquidation of the FRANCHISEE, or if the FRANCHISEE enters into a compromise, composition or other arrangement with any creditor, no dividends or payments which the FRANCHISOR may receive by virtue thereof shall prejudice any of the FANCHISOR S rights to recover from the SURETY under this suretyship any sum which after receipt of such payments or dividends may remain owing by the FRANCHISEE, provided that this clause shall in no way oblige the FRANCHISOR to excuss the FRANCHISEE before proceeding against the SURETY and any action which the FRANCHISOR may take under this clause may be taken without reference to the SURETY and such action will in no way affect, limit or prejudice the liability of the SURETY hereunder. 1.9 The FRANCHISOR is hereby irrevocably authorised to apply any moneys received by it from the SURETY in terms of this suretyship against the indebtedness to it of the FRANCHISEE in such manner as the FRANCHISOR in its sole discretion deems fit This suretyship shall be in addition to and without prejudice to any other suretyship or securities now held or hereafter held by the FRANCHISOR from or on behalf of the FRANCHISEE.

5 1.11 A certificate signed by any director of the FRANCHISOR (whose appointment, qualification and/or authority need not be proved) as to the amount of the SURETY indebtedness under this suretyship or that of the FRANCHISEE to the FRANCHISOR at the date of the certificate, shall be: Prima facie evidence of the amounts of indebtedness shown in the certificate; and Binding on the SURETY (unless they prove the incorrectness thereof) in any proceedings instituted in any competent court for the purpose of obtaining provisional sentence or judgment against the SURETY Should the FRANCHISOR cede the whole or part of its right of action against the FRANCHISEE to any third party, then the FANCHISOR S rights under this suretyship shall be deemed to have been simultaneously ceded and transferred to the cessionary in question, and this suretyship shall be deemed to have been given by the SURETY to such cessionary, who shall be entitled to exercise all rights in terms of this suretyship as if such cessionary were the FRANCHISOR The SURETY hereby bind themselves to pay all charges and expenses of whatever nature, including, without limitation, attorney and own client legal costs, collection commission and tracing agent fees incurred by the FRANCHISOR in securing or endeavouring to secure payment of any amounts owing or performance of any obligations due by the FRANCHISEE, arising or flowing from the franchise agreement to be entered into simultaneously with the signing of this deed of suretyship The SURETY shall, if so required by the FRANCHISOR, render any performance due by the FRANCHISEE even if such performance is one of ad factum praestandum. A failure to perform shall be a breach of their obligations by the SURETY Should the FRANCHISEE fail to discharge any of its obligations to the FRANCHISOR, the FRANCHISOR shall be entitled to demand from the SURETY immediate performance of all the obligations then owing by the FRANCHISEE to the

6 FRANCHISOR, whether or not the due date for the performance of the obligations shall have arrived Any sum due by the SURETY shall carry interest reckoned from the date on which the amount became due for payment by the FRANCHISEE. The SURETY undertake to pay interest on any sum due at the publicly quoted prime overdraft rate of the Standard Bank of South Africa, calculated daily on the amount outstanding from time to time and capitalised monthly The SURETY waive their right to rely upon prescription of any obligation of the FRANCHISEE or the SURETY It is agreed that any SURETY may only be released from this suretyship by written notice from the FRANCHISOR. 2. WARRANTIES AND INDEMNITY 2.1 The SURETY warrant that: All contracts entered into or to be entered into by the FRANCHISEE with the FRANCHISOR were or will at the time of the conclusion thereof be within the scope, authority, power and objects of the FRANCHISEE All resolutions of and signatures by members or directors or shareholders of the FRANCHISEE were, or in the case of future contracts, will be properly and with due authority passed and/or executed and/or made They have a material interest in securing the indebtedness and obligations covered by this suretyship.

7 2.1.4 If any of them are married in community of property, that the necessary consent to enter into this suretyship in terms of the Matrimonial Property Act 88 of 1984, as amended, has been obtained. 2.2 If there shall be any breach of the aforesaid terms of the warranties in to 2.1.4, the SURETY shall be deemed, at the option of the FRANCHISOR, to have hereby assumed the liability or obligation to the FRANCHISOR that any such contract purported to impose upon the FRANCHISEE. 2.3 The SURETY hereby indemnify and hold the FRANCHISOR harmless against any damage or loss of whatsoever nature that the FRANCHISOR may sustain arising out of or in connection with the enforcement, suspension, cancellation or invalidity for any reason of any obligation of the FRANCHISEE to the FRANCHISOR. 3. ACKNOWLEDGEMENT BY SURETY The SURETY hereby acknowledge and agree that any undertaking given by or obligation placed upon the FRANCHISEE in the franchise agreement to be entered into simultaneously with the signing of this deed of suretyship shall be equally binding upon and enforceable against each SURETY. 4. SEVERANCE If any provision of this suretyship is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and the parties shall endeavour in good faith to agree an alternative provision to the void, illegal or unenforceable provision. 5. CESSION

8 The SURETY shall be prohibited from assigning any of their rights and obligations under this suretyship to any other person. The FRANCHISOR may at any time, without the consent of the SURETY, cede, assign, transfer and make over all or some of its rights, title and interest in, to and arising out of this suretyship or any part thereof. 6. ADDRESS FOR LEGAL PROCESS AND NOTICES For the purposes of this suretyship, including the giving of notices and the serving of legal processes, each of the SURETY choose the FRANCHISEE S address as mentioned in the franchise agreement to be entered into simultaneously with the signing of this deed of suretyship as its domicilium citandi et executandi. 7. FORMALITIES The SURETY acknowledges that: 7.1 This suretyship was completed in all respects when the SURETY signed it; 7.2 The rights and obligations of the FRANCHISOR, FRANCHISEE and SURETY have been incorporated into one document for convenience only and the failure of any SURETY: To execute this suretyship notwithstanding that such SURETY is reflected herein as a party; and/or To be bound by this suretyship for any reason after execution; Shall not vitiate, diminish or affect the obligations of any other SURETY or the rights of the FRANCHISOR, it being agreed that the liability of the SURETY is not dependent, wholly or in part on the liability of any other SURETY or intended SURETY.

9 8. GOVERNING LAW AND JURISDICTION 8.1 The validity of this suretyship, its interpretation, the respective rights and obligations of the SURETY and all other matters arising in any way out of it, or its expiration or earlier termination for any reason shall be determined in accordance with the laws of the Republic of South Africa. 8.2 In terms of section 45 of the Magistrate s Court Act, 32 of 1944, the SURETY hereby consent to the jurisdiction of the Magistrate s Court otherwise having jurisdiction in respect of any action to be instituted against the SURETY by the FRANCHISOR in terms hereof. It shall nevertheless be entirely within the discretion of the FRANCHISOR as to whether to proceed against the SURETY in such Magistrate s Court or any other court having jurisdiction. 9. ENTIRE AGREEMENT No variation, relaxation, waiver of, addition to, deletion from or consensual cancellation of this suretyship or any of the terms thereof (including this clause) shall be of any force or effect unless reduced to writing, signed by the SURETY and confirmed by the FRANCHISOR. SIGNED at on the day of 200_. Full name: