What is the controlling agreement in the event of conflicting provisions between the Electronic Signature Agreement and another agreement a Beverly Anns Cookie franchisee has with Eagle Financial Services, Inc.?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement supplements and modifies other agreements that you may have with Eagle Financial Services, Inc.
To the extent that this Agreement and another agreement contain conflicting provisions, the provisions in this agreement will control (with the exception of provisions in another agreement for an electronic service which provisions specify the necessary hardware, software and operating system, in which such other provision controls).
All other obligations of the parties remain subject to the terms and conditions of any other agreement.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, the Electronic Signature Agreement takes precedence if there are conflicting provisions between it and another agreement a franchisee has with Eagle Financial Services, Inc.
However, there is an exception to this rule. If the other agreement contains provisions for an electronic service that specify the necessary hardware, software, and operating system, then those provisions in the other agreement will take precedence over the Electronic Signature Agreement.
This means that a Beverly Anns Cookie franchisee needs to carefully review all agreements with Eagle Financial Services, Inc. to understand which provisions control in case of a conflict. It is important to pay close attention to any specific requirements for hardware, software, or operating systems related to electronic services, as these will override the general terms of the Electronic Signature Agreement.