What are the covenants in Section 18 referred to as for Beverly Anns Cookie franchises?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
any part of the non-competition provisions contained herein shall not render any other part unenforceable. You acknowledge and agree that: (i) the terms of this Franchise Agreement are reasonable both in time and in scope of geographic area; (ii) our use and enforcement of covenants similar to those described above with respect to other "Beverly Ann's Cookie Truck" franchisees benefits you and the Owners because it prevents others from unfairly competing with your Franchised Business; and (iii) you and the Owners have sufficient resources and business experience and opportunities to earn an adequate living while complying with the terms of this Franchise Agreement. You hereby waive any right to challenge the terms of the Brand Covenants as being overly broad, unreasonable or otherwise unenforceable.
We have the right, in our sole discretion, to unilaterally reduce the scope of all or part of any Brand Covenant without your consent (before or after any dispute arises), effective when we give you written notice of this reduction and you agree to comply with any modifications to the Brand Covenants .
Breach of Covenants
You agree that failure to comply with the terms of Brand Covenants will cause substantial and irreparable damage to us and/or other "Beverly Ann's Cookie Truck" franchisees for which the
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, the covenants outlined in Section 18 of the franchise agreement are referred to as "Brand Covenants." These covenants are designed to protect Beverly Anns Cookie's brand and prevent unfair competition from franchisees.
The FDD specifies that franchisees agree that failure to comply with the terms of the Brand Covenants will cause substantial and irreparable damage to Beverly Anns Cookie and/or other franchisees. Because of this, Beverly Anns Cookie is entitled to injunctive relief for any violation of Section 18. This means Beverly Anns Cookie can seek a court order to stop a franchisee from violating the covenants.
Furthermore, the document states that any claim, defense, or cause of action a franchisee may have against Beverly Anns Cookie cannot be used as a defense against the enforcement of the Brand Covenants. This highlights the importance Beverly Anns Cookie places on these covenants and the seriousness with which they will be enforced.