How are defined terms indicated within the Beverly Anns Cookie Franchise Agreement?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
This Amendment is made and entered into as of the effective date listed in the signature block ("Effective Date") by and between Mobile Cookie Company, LLC, a Delaware limited liability company ("Franchisor") and the Franchisee identified on the signature block below ("Franchisee"), with reference to the following facts:
- A. The parties have entered into a Beverly Ann's Cookie Truck franchise agreement pursuant to which Franchisee will operate a Beverly Ann's Cookie Truck franchise (the "Franchise Agreement").
- B. Subject to the conditions of the Franchise Agreement, Franchisee has the option to purchase additional Beverly Ann's Cookie Truck equipment ("Additional Equipment") for use in the Franchisee's Territory.
- C. The parties hereto desire to amend the Franchise Agreement as set forth herein. Unless defined herein all capitalized terms used herein shall have the meaning in the Franchise Agreement.
NOW, THEREFORE, for and in consideration of the covenants, warranties and mutual agreements contained herein, the parties hereto agree as follows:
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, defined terms within the franchise agreement are indicated by capitalization and quotation marks. For example, the document defines the agreement between Mobile Cookie Company, LLC and the franchisee as the "Franchise Agreement".
This means that when a prospective Beverly Anns Cookie franchisee reviews the franchise agreement, they can easily identify terms that have specific legal meanings within the context of the document. Paying attention to these defined terms is crucial, as their interpretations can significantly impact the franchisee's rights and obligations.
For instance, the definition of "Territory Infringement" specifies when a franchisee generates income from a customer by receiving payment for goods and/or services provided within another franchisee's territory without permission. Understanding this definition is vital for avoiding disputes with other franchisees and ensuring compliance with the franchise agreement.