Does the Beverly Anns Cookie Franchise Agreement include a section on 'Technology'?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
igh-speed Internet connection), dedicated telephone and power lines. You acknowledge and agree that changes to Technology are dynamic and not predictable within the Term of this Franchise Agreement. To provide for inevitable but unpredictable changes to technological needs and opportunities, you agree that we may establish, in writing, reasonable new standards for implementing Technology in the System and you agree to comply with those reasonable new standards we establish as if we periodically revised this Section for that purpose. You will keep the Technology in good maintenance and repair, and you will promptly install, at your expense, any additions, changes, modifications or substitutions to Technology, as we may specify periodically. There is no limitation on the frequency and cost of your obligation to maintain, update or upgrade your Technology or its components. You acknowledge that you are solely responsible for protecting your Franchised Business from computer viruses, bugs, failures, data breaches and attacks by hackers and other unauthorized intruders in the Technology.
Proprietary Software
We may also develop proprietary software or technology that must be used by Beverly Ann's Cookie Truck franchisees. If this occurs, you agree to enter into a license agreement with us (or an affiliate of ours) and pay us (or our affiliate) commercially reasonable licensing, support and maintenance fees. The license agreement will govern the terms under which you may utilize this software or technology. We also reserve the right to enter into a master software or technology license agreement with a third-party licensor and then sublicense the software or technology to you, in which case we may charge you for all amounts we must pay to the licensor based on your use of the software or technology.
Our Access
You will provide any assistance we require to connect to the Technology. We will have the right at any time to retrieve data and other information from your Technology as we, in our sole discretion, deem necessary or desirable. You shall ensure that we have access at all times to any Technology we request, at your cost. You must provide us with any and all requested codes, passwords and information necessary to access your Technology. You must receive our prior approval before changing such codes, passwords and other necessary information.
**15.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, the agreement addresses technology in several ways. Beverly Ann's Cookie may develop proprietary software or technology that franchisees are required to use. If this occurs, franchisees must enter into a license agreement and pay commercially reasonable licensing, support, and maintenance fees to Beverly Ann's Cookie or its affiliate. Alternatively, Beverly Ann's Cookie can enter into a master software license with a third party and sublicense it to franchisees, charging them the amounts Beverly Ann's Cookie pays to the licensor based on their use.
Beverly Ann's Cookie also requires franchisees to provide any assistance needed to connect to the technology and retains the right to retrieve data and other information from the franchisee's technology as deemed necessary. Franchisees must ensure that Beverly Ann's Cookie has access to any requested technology at all times, at the franchisee's cost, and must provide all necessary codes, passwords, and information. Changing these access credentials requires prior approval from Beverly Ann's Cookie.
Additionally, Beverly Ann's Cookie will maintain a website for franchised businesses that includes information about the franchisee's business. Beverly Ann's Cookie may modify or discontinue the website at any time and owns the website and domain names. Franchisees must use at least one Beverly Ann's Cookie Truck email address from Beverly Ann's Cookie, paying a current annual fee of $216 (or $18 per month), which is subject to change with 30 days' written notice.