Does the Beverly Anns Cookie AFR Agreement supersede prior agreements?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
| This Additional Franchise Reservation Agreement ("AFR Agreement") is made between Mobile Cookie Company, LLC ("us" or "we") and ("you") is made and entered into, 20 ("Effective Date"). |
|---|
| 1. |
| General Description of Agreement. This AFR Agreement sets out the terms and the conditions |
| under which we will reserve a Beverly Ann's Cookies |
| franchise and territory |
| (each, a "Reserved |
| Business"). |
| a. |
| In order to establish a Beverly Ann's Cookies |
| franchise, you will be required to enter into |
| a Franchise Agreement for the |
| Reserved Business, the form of which will be our then-current form |
| Franchise Agreement then being offered to new Beverly Ann's Cookies |
| franchisees (that |
| form of Franchise |
| Agreement is referred to in AFR Agreement |
| as the "Franchise Agreement"). |
| b. |
| You acknowledge and represent to us that you understand that this AFR Agreement |
| is not |
| a Franchise Agreement, and that you have no right to open a Beverly Ann's |
| Business |
| under this AFR |
| Agreement. |
| You will be permitted to open a Beverly Ann's Cookies |
| franchise |
| only if: (a) we approve you |
| to do so; (b) you and we sign a Franchise Agreement; and (c) you pay us all applicable initial fees that are |
| due under the Franchise Agreement. |
| 2. |
| Term. |
| The term of this AFR Agreement shall commence on the Effective Date and, unless |
| otherwise negotiated, terminated or extended as provided herein, shall continue until the earlier of (i) the |
| Expiration Date |
| (as defined in Section 5), or (ii) the date of execution of the Franchise Agreement for the |
| Reserved Business ("Term"). |
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
Based on the 2025 Beverly Anns Cookie Franchise Disclosure Document, the Additional Franchise Reservation Agreement (AFR Agreement) does not grant the franchisee the right to open a Beverly Ann's Cookies business. It merely sets out the terms and conditions under which Mobile Cookie Company, LLC will reserve a Beverly Ann's Cookies franchise and territory.
To establish a Beverly Ann's Cookies franchise, the franchisee is required to enter into a separate Franchise Agreement. The AFR Agreement is not a Franchise Agreement, and the franchisee has no right to open a Beverly Ann's Business under the AFR Agreement. The franchisee will be permitted to open a Beverly Ann's Cookies franchise only if Mobile Cookie Company, LLC approves, both parties sign a Franchise Agreement, and the franchisee pays all applicable initial fees due under the Franchise Agreement.
The term of the AFR Agreement commences on the Effective Date and continues until the earlier of the Expiration Date or the date of execution of the Franchise Agreement for the Reserved Business. Therefore, the AFR agreement is a preliminary step that outlines the conditions for reserving a franchise and does not supersede any prior agreements; instead, it precedes the actual Franchise Agreement.