factual

What is the definition of 'Fixed Location Business' in relation to a Beverly Anns Cookie franchise?

Beverly_Anns_Cookie Franchise · 2025 FDD

Answer from 2025 FDD Document

below.

Mobile Cookie Company, LLC, a Delaware limited liability company

*Date: *Effective Date Company Name

EXHIBIT H-13

FIXED LOCATION AMENDMENT TO FRANCHISE AGREEMENT

This Amendment to the Franchise Agreement (the "Amendment") is made and entered into this ______________ between Mobile Cookie Company, LLC, a Delaware limited liability company ("Franchisor"), and [Entity name], a(n) [State and entity type] (referred to herein as "Franchisee").

RECITALS

WHEREAS, Franchisor and Franchisee entered into a franchise agreement (with all attachments and exhibits thereto, the "Franchise Agreement") dated7/17/2025, pursuant to which Franchisee was granted the right to operate a Beverly Ann's Franchise (the "Beverly Ann's Business");

WHEREAS, Franchisee desires to operate a Beverly Ann's Business from a permanent location in tandem with the GRM/GRT ("Mobile Business"), which is referred to in the Franchise Agreement as a "Fixed Location Business;" and

WHEREAS, Franchisor and Franchisee desire to modify the Franchise Agreement consistent with the operation of a Fixed Location Business in tandem with the Mobile Business pursuant to and in accordance with the terms of this Amendment.

Capitalized terms not defined herein shall have the meaning set forth in the Franchise Agreement.

NOW THEREFORE, in consideration of the mutual agreements, covenants and promises contained in this Amendment and for mutual consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the parties agree as follows:

    1. RECITALS. The Recitals set forth above are hereby incorporated into the terms of this Amendment as if fully restated herein.
    1. FIXED LOCATION BUSINESS. Upon execution of this Amendment, Franchisee is hereby granted the right to operate a Fixed Location Business in tandem with the existing Mobile Business under the Franchise Agreement. The Mobile Business shall remain in full force and effect and all references to the GRM/GRT shall be unaffected unless modified by this Amendment.
    1. PREMISES AND PREMISES STANDARDS. A new Section 13.14 is hereby appended to the Franchise Agreement which is hereby amended to include the following in connection with the Fixed Location Business:
  • 13.14 Premises and Premises Standards. The Parties acknowledge and agree that the Franchise Agreement shall be for both the Fixed Location Business and the GRM/GRT. The site of the Fixed Location Business shall be: [insert address] (the "Premises"). Franchisee may only operate the Fixed Location Business from the Premises and may not relocate the Fixed Location Business without the written consent of Franchisor which it may withhold in its sole discretion. You may not utilize any other Premises in the operation of your Franchised Business, and the Premises must only be used for the operation of your Franchised Business and not for any other purpose.

You agree to comply with all applicable zoning, land use, and other legal requirements, as well as obtain all necessary permits, licenses, and approvals required to operate from a fixed location at your sole expense. You must operate your Fixed Location Business in accordance with any fixed location policies,

procedures, and standards set forth in our Brand Manual. Although fixed location businesses may follow a consistent theme, you acknowledge and agree that the details for your Fixed Location Business may differ, often based upon local requirements and you agree that your Fixed Location Business may not be identical to those of other franchisees. If modifications to the Premises are necessary to comply with applicable local laws and/or ordinances, you may be required to pay a fee to us or our affiliate for the costs and expenses in making the necessary modifications to the Premises. You will also be required to purchase an initial inventory of Beverly Ann's Cookies equipment, uniforms, and supplies from us or our affiliates when you lease or purchase the Premises. These payments are non-refundable.

You must use our approved supplier for the decoration and/or design of your Fixed Location Business.

Source: Item 22 — CONTRACTS (FDD page 57)

What This Means (2025 FDD)

According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, a 'Fixed Location Business' refers to a Beverly Ann's Business operated from a permanent location in conjunction with a GRM/GRT (Mobile Business). The franchisee is granted the right to operate this Fixed Location Business alongside their existing Mobile Business, with the original Franchise Agreement remaining in effect unless specifically modified by an amendment.

The franchisee must operate the Fixed Location Business from a specific site, referred to as 'the Premises,' and cannot relocate without the franchisor's written consent, which can be withheld at their discretion. The franchisee is restricted from using any other premises for the operation of their franchised business, and the designated Premises must be exclusively used for the Beverly Anns Cookie business.

The franchisee is responsible for complying with all applicable zoning, land use, and other legal requirements, including obtaining necessary permits, licenses, and approvals, at their own expense. The Fixed Location Business must adhere to any fixed location policies, procedures, and standards outlined in the Brand Manual. While the fixed location businesses should follow a consistent theme, the specific details may vary based on local requirements, and the franchisee acknowledges that their Fixed Location Business may not be identical to those of other franchisees. Modifications to the Premises to comply with local laws may require the franchisee to pay a fee to Beverly Anns Cookie for the associated costs and expenses. Additionally, the franchisee will be required to purchase an initial inventory of equipment, uniforms, and supplies from Beverly Anns Cookie when leasing or purchasing the Premises, and these payments are non-refundable.

Beverly Anns Cookie makes no guarantees regarding the viability of the Fixed Location Business, including potential revenues, income, profits, volume, or success. The franchisee acknowledges that they have independently determined that the Fixed Location Business is compatible with the operation of the Beverly Ann's Business and the overall System. The franchisee also confirms that they received the amendment pertaining to the Fixed Location Business at least seven days prior to its execution.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.