Will the Beverly Anns Cookie Franchise Agreement include new language as a new paragraph?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
us and to effectuate your obligations under the Franchise Agreement to the fullest extent permitted by law), and you agree to be bound by the modified provisions.
Waivers
We and you may, by written instrument, unilaterally waive or reduce any obligation of or restriction upon the other. Any waiver granted by us shall apply only the to the specifically waived provisions and shall not affect any other rights we may have. We and you shall not be deemed to have waived or impaired any right, power or option reserved by this Franchise Agreement (including the right to demand exact compliance with every term, condition and covenant in this Franchise Agreement, or to declare any breach of this Franchise Agreement to be a default, and to terminate the Franchise Agreement before the expiration of its Term) by virtue of: (i) any custom or practice of the parties that varies with the terms of this Franchise Agreement; (ii) any failure, refusal or neglect of us or you to exercise any right under this Franchise Agreement or to insist upon exact compliance by the other with its obligations under this Franchise Agreement, including any mandatory specification, standard or operating procedure; (iii) any waiver, forbearance, delay, failure or omission by us to exercise any right, power or option, whether of the same, similar or different nature, relating to other Beverly Ann's Cookie Truck franchisees; or (iv) the acceptance by us of any payments due from you after breach of this Franchise Agreement.
Approvals
Whenever this Franchise Agreement requires our approval, you must make a timely written request for approval, and the approval must be in writing in order to bind us. Except as otherwise expressly provided in this Franchise Agreement, if we fail to approve any request for approval within the required period of time, we shall be deemed to have denied your request. If we deny approval and you seek legal redress for the denial, the only relief to which you may be entitled is to acquire our approval. Except where this Franchise Agreement states that we may not unreasonably withhold our approval or consent, we may withhold such approval or consent, in our sole discretion. You are not entitled to any other relief or damages for our denial of approval.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the Beverly Anns Cookie franchise agreement can be modified. According to Item 23, Beverly Anns Cookie has the right to modify the provisions of the Franchise Agreement. Franchisees are then bound by these modified provisions.
Beverly Anns Cookie and the franchisee can waive obligations or restrictions, but such waivers must be in writing and only apply to the specific provisions waived. Approvals required under the Franchise Agreement must also be requested in writing. Unless expressly stated otherwise in the Franchise Agreement, if Beverly Anns Cookie fails to approve a request within the required time, the request is deemed denied.
This flexibility allows Beverly Anns Cookie to adapt the franchise agreement as needed. However, it also means that franchisees must stay informed of any changes and understand their implications. Franchisees should pay close attention to any notices of modifications and seek clarification from Beverly Anns Cookie if needed.