What constitutes a 'failure to perform' that could lead to default for a Beverly Anns Cookie franchisee?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8. Breach. You agree that failure to comply with the terms of this Agreement will cause substantial and irreparable damage to us and/or other Beverly Ann's Cookies franchisees for which there is no adequate remedy at law.
Therefore, you agree that any violation of the terms of this Agreement will entitle us to injunctive relief.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
The 2025 Beverly Anns Cookie FDD states that failure to comply with the terms of the franchise agreement can result in substantial damage to Beverly Anns Cookie and its franchisees, entitling them to injunctive relief. This means that if a franchisee violates any part of their agreement, Beverly Anns Cookie can take legal action to stop the franchisee's actions.
The FDD also indicates that franchisees acknowledge that violating the agreement can cause irreparable harm for which monetary compensation may not be adequate. Because of this acknowledgement, Beverly Anns Cookie can pursue court orders to prevent further breaches of contract.
Additionally, the confidentiality agreement included in the FDD states that if an immediate family member of the franchisee uses or discloses Beverly Ann's Cookie's intellectual property, it is presumed that the franchisee violated the terms of the agreement. However, the franchisee can attempt to disprove this presumption with evidence.