What changes to a Beverly Anns Cookie business require prior written consent?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, (Franchisee has notified Franchisor of its desire to transfer the Agreement and all rights related thereto, or an ownership interest in Franchisee, to a transferee/enter into a successor franchise agreement/amend the Agreement) or (the Agreement is being terminated/or indicate other reason for the requirement of this waiver and release), and Franchisor has consented to such (transfer/successor franchise agreement/amendment/termination/other reason); and
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
The 2025 Franchise Disclosure Document for Beverly Ann's Cookies includes several exhibits related to contracts and amendments that require consent. Specifically, Exhibit H-1 outlines a sample waiver and release of claims, which requires franchisor consent when a franchisee desires to transfer the agreement, transfer ownership interest, enter into a successor franchise agreement, or amend/terminate the agreement. This ensures Beverly Ann's Cookies maintains control over who operates a franchise and under what terms.
Additionally, if a franchisee chooses to operate from a fixed location, the franchisee must adhere to zoning, land use, and other legal requirements. While the details of a fixed location can vary based on local requirements, the franchisee acknowledges that the fixed location may not be identical to other franchisees. If modifications to the premises are necessary to comply with local laws, the franchisee may be required to pay a fee to Beverly Ann's Cookies or its affiliate for the costs and expenses in making the necessary modifications.
Furthermore, the Skinny Upfit Amendment to the Franchise Agreement indicates that if a franchisee desires to have a "Skinny Upfit" done on its Beverage Entertainment Vehicle (GRM) in lieu of a full upfit, it is subject to the terms and conditions of this amendment. This suggests that any deviation from the standard GRM maintenance schedule requires franchisor approval. These measures allow Beverly Ann's Cookies to maintain brand consistency and quality standards across all franchise locations, whether mobile or fixed.