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DISMISSAL & TOLLING AGREEMENT

This Dismissal and Tolling Agreement (Agreement) is made effective as of August 13, 2013 (the Effective Date), by and between: (1) Bikrams Yoga College of India, L.P. (the College) and Bikram Choudhury (Bikram) (collectively, the Bikram Parties) on the one hand; and (2) Gabrielle Raiz also known as Gabrielle Scanlon and doing business as The Hot Yoga Doctor (Raiz) and Robert Scanlon (Scanlon) (collectively, the Raiz Parties) on the other. For convenience, the Bikram Parties and the Raiz Parties shall each be referred to individually as a Party and collectively as the Parties. RECITALS WHEREAS, Bikram is an individual residing in Los Angeles, California. WHEREAS, the College is a limited partnership organized and existing under the laws of the state of California with its principal place of business in Los Angeles, California. WHEREAS, Raiz and Scanlon are individuals residing in Australia and are founders and only shareholders of Colete Pty Ltd. (Colete). WHEREAS, Colete is Proprietary Limited company organized and existing under the laws of Australia. WHEREAS, Colete owns the www.hotyogadocotor.com and the www.bikramyoga-noosa-australia.com/ websites that promote the Raiz Parties, publishes, distributes and sells various products developed by the Raiz Parties, and offers teacher training courses taught by the Raiz Parties. WHEREAS, Raiz signed a Teacher Training Course Registration Agreement on July 13, 2001 (Teacher Training Agreement). WHEREAS, on September 7, 2011, the Bikram Parties filed a Complaint in the United States District Court for the Central District of California (District Court) against the Raiz Parties and certain other parties alleging claims for (1) Copyright Infringement; (2) Trademark Infringement; (3) False Designation of Origin; (4) Dilution; (5) Unfair Competition; (6) Unfair Business Practices; (7) Breach of Contract; and (8) Inducing Breach of Contract (the Federal Court Action). WHEREAS, the Bikram Parties claimed in the Federal Court Action, among other things, that the Raiz Parties infringed on Bikram Parties copyright in a sequence of 26 yoga postures and 2 breathing exercises (the Sequence). WHEREAS, the Bikram Parties claimed in the Federal Court Action, among other things, that the Raiz Parties infringed on Bikram Parties copyright in a dialogue that accompanies the Sequence (the Dialogue). WHEREAS, the Federal Court Action has been assigned to the Honorable

Consuelo B. Marshall and given Case No. 2:11-cv-07377-CBM-VBK. WHEREAS, on September 10, 2012, the Raiz Parties filed an Answer, Defenses and Counterclaims in the Federal Court Action, along with a Demand for Jury Trial. WHEREAS, on September 25, 2012, the Raiz Parties filed a Corrected Answer, Defenses and Counterclaims in the Federal Court Action, along with a Demand for Jury Trial. WHEREAS, the Raiz Parties claim that they do not use the Dialogue or any of Bikrams other copyrighted materials and are therefore not infringing on a copyright in the Dialogue or any other copyrighted materials. WHEREAS, the Raiz Parties First Claim for Relief sought declaratory judgment that the Sequence is incapable of receiving copyright protection, Second Claim for Relief sought declaratory judgment that the Dialogue is not protected by copyright, Third Claim for Relief sought declaratory judgment that the Teacher Training Agreement is void as an unlawful noncompete agreement, and Fourth Claim for Relief alleged statutory and common law unfair competition. WHEREAS, the Parties filed a Joint Scheduling Conference Report Pursuant to Rule 26(f) on November 7, 2012 but have not exchanged any discovery. WHEREAS, all other defendants to the District Court Action have either been dismissed by the court or by the Parties or were never served with process. WHEREAS, on December 14, 2012, the District Court in a separate, unrelated federal court action involving the Bikram Parties and assigned to the Honorable Otis D. Wright and given Case No. CV-11-05506-OWD (SSx) issued an Order granting a Motion for Partial Summary Judgment (Summary Judgment Order) holding, among other things, that the Sequence is not covered under [Bikram Parties] copyrights and thus, there can be no infringement. WHEREAS, the Bikram Parties contend that the Summary Judgment Order was wrongly decided and presently plan to appeal the Summary Judgment Order to the Ninth Circuit Court of Appeals. WHEREAS, the Parties recognize that a ruling by the Ninth Circuit Court of Appeals on this issue may have an impact on the disposition of the Federal Court Action and wish to consider the result of the Bikrams Parties likely appeal of the Summary Judgment Order before possibly continuing to pursue their claims, counterclaims and defenses in the Federal Court Action. WHEREAS, rather than engaging in motion practice, discovery, and uncertain, protracted and expensive jury trial, the Bikram Parties, on the one hand, and the Raiz Parties, on the other, wish to dismiss the Federal Court Action without prejudice and without relinquishing or granting any rights or defenses and without waiver of any terms or conditions of the Teacher Training Agreement.

WHEREAS, the Bikram Parties and the Raiz Parties agree to preserve the status quo with respect to any applicable statutes of limitations or any rules of law or equity which limit or purport to limit the time period within which their respective claims must be resolved or actions must be commenced as it existed as of September 7, 2011, the date Bikram Parties filed a Complaint in the Federal Court Action, and not count the time period between September 7, 2011 and the date this Agreement is effectively terminated against any statute of limitations or any rules of law or equity which limit or purport to limit the time period within which their respective claims must be resolved or actions must be commenced. NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed as follows: ARTICLE I BASIC SETTLEMENT TERMS 1.1 Dismissal of the Federal Court Action Without Prejudice. Within seven (7) days after all the Parties execute this Agreement, the Parties shall file a joint stipulation to dismiss without prejudice all claims and counterclaims asserted in the Federal Court Action. 1.2 Termination Date. This Agreement shall terminate upon one Party providing written notice of cancellation to the non-terminating Party, in which case this Agreement will terminate on the 30th business day after the dispatch of such notice in accordance with Section 1.4 hereof (the Termination Date). 1.3 Tolling Provision. In any action or proceeding brought after the Federal Court Action is dismissed without prejudice by any Party to this Agreement against any other Party to this Agreement arising in connection with or related to the claims, counterclaims or defenses asserted in the Federal Court Action, the period between September 7, 2011 (the date the Bikram Parties filed a Complaint against the Raiz Parties) and the Termination Date of this Agreement (hereinafter the Tolling Period) shall not be included in determining the applicability of any statute of limitations or any rules of law or equity which limit or purport to limit the time period within which their respective claims must be resolved or actions must be commenced, including defenses such as waiver, estoppel and laches. Any and all statutes of limitations or other rules of law or equity based on the lapse of time in bringing or asserting such Claims, Counterclaims or Defenses shall be tolled among the Parties during the Tolling Period. 1.4 Notices. Any notice provided under this Agreement, including notice of termination pursuant to Section 1.2, shall be sent on the same day by both U.S. Mail and email and shall be deemed received when dispatched. If to the Bikram Parties: Daniel M. Petrocelli Carla Christofferson OMELVENY & MYERS LLP 1999 Avenue of the Stars, 7th Floor Los Angeles, CA 90067 3

Telephone: (310) 553-6700 Facsimile: (310) 246-6779 dpetrocelli@omm.com cchristofferson@omm.com If to the Raiz Parties: Jordan Susman, Esq. Freedman + Taitelman, LLP 1901 Avenue of the Stars, Suite 500 Los Angeles, California 90067 Telephone: (310) 201-0005; (310) 201-4294 Facsimile: (310) 201-0045 jsusman@ftllp.com 1.5 Promotion, Advertising and Marketing. The Parties agree not to engage, directly or indirectly, in acts relating to the promotion, marketing or advertising of their yoga services or products aimed at causing the public to believe that the Parties are agents, employees, affiliates, franchisees and/or licensees of the other Parties, that the Parties yoga services or products are the other Parties services or products, or that the Parties yoga services or products are approved, endorsed or otherwise authorized by the other Parties. 1.6 Disclaimer on Websites. Within thirty one (31) days after all Parties execute this Agreement, the Raiz Parties agree to publish a disclaimer on the bottom of every page of any yoga-related website owned or controlled directly or indirectly by the Raiz Parties or by Colete, including www.hotyogadocotor.com and www.bikram-yoga-noosa-australia.com/, which states: The Hot Yoga Doctor, Gabrielle Raiz, Colete Pty Ltd and their associated websites, products and services are in no way endorsed by, sponsored by or affiliated with Bikram Yoga. For more information about Bikram Yoga please visit www.BikramYoga.com. The foregoing disclaimer shall be published on the relevant webpage for a period of eighteen (18) months starting from the date of its initial publication. 1.7 Disclaimer on Email List Serve Mailings. Starting within thirty one (31) days after all Parties execute this Agreement, the Raiz Parties agree to include a disclaimer identical to the one in Section 1.6 of this Agreement on the bottom of any email sent through any yoga-related email list serve owned or controlled directly or indirectly by the Raiz Parties or by Colete. The foregoing disclaimer shall be published for a period of eighteen (18) months starting from the date of the disclaimers initial publication. 1.8 Disclaimer on Products. The Raiz Parties agree to include a disclaimer identical to the one in Section 1.6 of this Agreement on the bottom of the first or second page of any of their written products printed or otherwise published after the date of this Agreement. The term written products includes, but is not limited to, books, manuals, guides, kits, and downloadable documents related to the practice of yoga. 1.9 Removal of Certain Bikram-Related Content from Websites. Within sixty (60) days after all Parties execute this Agreement, the Raiz Parties agree to remove or change all

content on www.bikram-yoga-noosa-australia.com website that refers to the Bikram Parties and that was identified for removal in the July 16, 2013 Memorandum titled List of Requested Deletions of References to Bikram Trademarks From Raizs Noosa Website provided by counsel for the Bikram Parties to counsel for the Raiz Parties on July 16, 2013. 1.10 Removal of Certain Raiz-Related Content from Website. Within sixty (60) days after all Parties execute this Agreement, the Bikram Parties agree to remove or change any content which refers to the Raiz Parties, including but not limited to, any and all references to the Federal Court Action, from the following three web pages: (1) http://www.bikramyoga.com/Documents/Bikram-Yoga-ads-Yen-Yoga-Cease-Desist-Letter.pdf; (2) http://www.bikramyoga.com/Documents/Complaint.pdf; and (3) http://www.bikramyoga.com/BikramYoga/Scoliosis.php. 1.11 Bikram Yoga Noosa Website. Within thirty-one (31) days after all Parties execute this Agreement, the Raiz Parties, directly or through Colete, shall cause all traffic to the URL: www.bikram-yoga-noosa-australia.com/ to transfer to a new URL and website that does not incorporate the word Bikram or any word that is similar in sound and/or sight to Bikram. 1.12 Attorneys Fees. Each Party shall bear its own attorneys fees and costs in connection with the Federal Court Action and this Agreement. 1.13 Use of Agreement. Except as specifically stated in this Agreement, this Agreement shall in no way affect, waive or limit any rights, claims or defenses of any of the parties to this Agreement, other than those based on the statutes of limitations or any rules of law or equity which limit or purport to limit the time period within which claims must be resolved or actions must be commenced. This Agreement shall not be deemed to constitute an admission of any liability by any of the parties hereto. ARTICLE II REPRESENTATIONS AND WARRANTIES 2.1 The Raiz Parties represent and warrant that they do not currently use any of Bikrams copyrighted materials in a manner that infringes upon the exclusive rights of Bikram Choudhury and/or Rajashree Choudhury as set forth under 17 U.S.C. 106 of the Copyright Act, including but not limited to unauthorized copying, unauthorized distribution, creation of substantially similar derivative works, and/or the use of such materials while delivering yoga services. The Raiz Parties further specifically represent and warrant that they do not currently use the Dialogue or non-functional language substantially similar to that used in the Dialogue in their published materials or while teaching yoga, except for the words ballerina and box in describing Part 2 and Part 3 respectively of the Awkward Pose (Utkatasana), and the words solid, concrete, and post in describing the Standing Head to Knee Pose (Janushirasana), as detailed in the August 5, 2013 correspondence from counsel for the Raiz Parties to counsel for the Bikram Parties attached as Exhibit 1 to this Dismissal and Tolling Agreement. For the purposes of this representation and warranty only, the Dialogue is defined as the content of Bikram Yoga Beginning Yoga Class Authorized Teacher Dialogue, attached as Exhibit 2 to

this Dismissal and Tolling Agreement. 2.2 Each Party represents and warrants to the other Parties that it has full power and authority to execute and deliver this Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Agreement has been duly authorized by all necessary action by it, and has been duly executed and delivered by it, and constitutes the legal, valid, and binding obligation of it enforceable against it in accordance with its terms. 2.3 The person signing this Agreement on behalf of the College declares and represents that he or she is duly authorized, and has the full right and authority, to execute this Agreement on behalf of the College. 2.4 Each Party acknowledges and represents that it (i) has fully and carefully read this Agreement prior to its execution; (ii) has been fully apprised by its attorneys of the legal effect and meaning of this document and all terms and conditions hereof; (iii) has had the opportunity to make whatever investigation or inquiry it deemed necessary or appropriate in connection with the subject matter of this Agreement; (iv) has been afforded the opportunity to negotiate as to any and all terms hereof; and (v) is executing this Agreement voluntarily, free from any undue influence, coercion, duress or menace of any kind. 2.5 Each Party acknowledges and agrees that the other Parties have made no representation or promises concerning the subject matter of this Agreement except those expressly contained in this Agreement and further acknowledges and agrees that it is not entering into this Agreement on the basis of any promise or representation, expressed or implied, other than as provided expressly in this Agreement. 2.6 Indemnification. Each Party shall indemnify and hold the other Party and its related released parties, and each of them, harmless from and against any claim, cause of action, loss, liability, damage, cost or expense (including attorneys fees and costs) arising out of any breach by such Party of any Representation or Warranty contained in Article II of this Agreement. ARTICLE III MISCELLANEOUS PROVISIONS 3.1 Entire Agreement. This Agreement represents the entire agreement and understanding between the Parties with respect to the subject matter hereof. There are no agreements, understandings, representations or warranties between the Parties with respect to the subject matter of this Agreement except those set forth or referred to herein. 3.2 Amendment; Waiver. This Agreement may not be changed or modified in any manner except by a written instrument signed by an authorized representative on behalf of each Party. Any failure by any Party to enforce any obligation or to exercise any right, power, or remedy under this Agreement, at any time or for any period of time, shall not constitute or be construed as a waiver of that Partys right to enforce or exercise any provision of this Agreement. The provisions of this Agreement may not be waived except by a written instrument signed by an 6

authorized representative on behalf of each Party. 3.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to principles of conflicts of law that would require the application of laws of another jurisdiction. 3.4 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 3.5 Interpretation. The terms of this Agreement have been freely negotiated at arms length by parties of equal bargaining power, each represented by competent counsel of its own choosing. No provision or ambiguity in this Agreement shall be resolved against any Party, regardless of which Party may be deemed to have drafted this Agreement. 3.6 Headings. The headings and captions of the various sections of this Agreement are for convenience only and shall not define, limit or amplify the terms of this Agreement in any way and shall have no effect on its interpretation. 3.7 Severability. If any term or provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining terms and provisions shall remain fully effective and enforceable. 3.8 Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 3.9 Facsimile Signatures. This Agreement may be executed by facsimile signatures and/or PDF signatures delivered by email, and such facsimile or PDF signatures shall be deemed to be as valid as an original signature whether or not confirmed by delivering the original signatures, although it is the Parties intent to deliver the original signatures after delivery of the facsimile or PDF signatures. 3.10 Further Assurances. Each Party shall cooperate fully in the execution and delivery of this Agreement and shall take, or cause to be taken, such further action that may be reasonably necessary or appropriate to effectuate or facilitate the purpose and intents of this Agreement, including the execution and delivery of any further documents that may be necessary or appropriate. 3.11 No Admission of Liability. Nothing in, or regarding, this Agreement shall be construed to suggest, even remotely, that any Party has engaged in any wrongful act or omission. [BALANCE OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS.]

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