What data must a Beverly Anns Cookie franchisee provide during a transfer?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
the future operation of the Franchised Business.
- 16.4.3 Monetary Obligations. All of your monetary obligations to us and our affiliates have been paid in full and you and the Owners are in full compliance with the terms of this Franchise Agreement and all other agreements with us or our affiliate(s).
- 16.3.5 Compliance with Franchise Agreement. You have not violated any provision of this Franchise Agreement or any other agreement with us during both the 60-day period before you requested our consent to the transfer and the period between your request and the effective date of the transfer.
- 16.3.6 Training. The transferee has (or if the transferee is an Entity, its approved Managing Owner and any Franchise Manager have) successfully completed, or made arrangements to attend, the initial training program (and the transferee has paid us the training fee for each new person who must attend training).
- 16.3.7 Licenses and Permits. The transferee and its owners, to the extent necessary, have obtained all licenses and permits required by applicable law to own and operate the Franchised Business.
- 16.3.8 New Franchise Agreement. You must request that the transferee be provided with our then-current form of franchise disclosure document. You agree that we will not be liable for any representations that you or your Owners make that are inconsistent with such franchise disclosure document. The transferee and its owners sign our then-current form of franchise agreement and related
documents, including, but not limited to, our then-current form of Franchise Owner Agreement or other guaranty (unless we, in our sole discretion, instruct you to assign this Franchise Agreement to the transferee), except that: (i) the Term and successor term(s) shall be the Term and successor term(s) remaining under this Franchise Agreement; and (ii) the transferee does not need to pay a separate initial franchise fee.
- 16.3.9 Transfer Fee. You pay us a transfer
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, a franchisee looking to transfer their franchise must ensure the transferee receives the most current franchise disclosure document. Beverly Anns Cookie will not be held liable for any representations made by the franchisee or their owners that are inconsistent with the franchise disclosure document. The transferee and their owners must sign the current franchise agreement and related documents, such as the Franchise Owner Agreement or other guaranty, unless Beverly Anns Cookie instructs the franchisee to assign the Franchise Agreement to the transferee. The term and successor terms will remain the same as under the original agreement, and the transferee does not have to pay a separate initial franchise fee.
In addition to the above, the transferring franchisee must pay a transfer fee to Beverly Anns Cookie. This fee is $7,500 if the transferee is an existing Beverly Ann's Cookie Truck franchisee, or $10,000 if the transferee is not a current franchisee, plus $1,000 for each piece of Additional Equipment transferred. The transfer fee is paid in two parts: a $1,000 non-refundable deposit at the time of the transfer application, and the remaining balance at or before the completion of the approved transfer. If the transferee is a lead from Beverly Anns Cookie or was referred by them, the franchisee must also pay Beverly Anns Cookie $15,000.
Furthermore, both the franchisee and their owners must sign a general release in a form prescribed by Beverly Anns Cookie, which covers all known and unknown claims against Beverly Anns Cookie, its affiliates, subsidiaries, and their respective members, officers, directors, agents, and employees, arising before or contemporaneously with the transfer. If the proposed transferee has any previous relationship with Beverly Anns Cookie or its affiliates, they must also execute a general release. These stipulations ensure that Beverly Anns Cookie is protected from potential liabilities and maintains control over who becomes a franchisee within their system.