What is the franchisee agreeing to regarding the details of their Fixed Location Business for Beverly Anns Cookie?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
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. Your Fixed Location Business must meet our then-current standards that we specify and that are contained in the Brand Manual. You must not use the Premises for any purpose other than the operation of your Fixed Location Business. You agree to: (i) decorate your Fixed Location Business under our thencurrent System standards, and at our request, periodically update or improve the decoration of the Fixed Location Business (any such updates or improvements must be made within 30 days of our delivery of notice to you that such updates or improvements must be made);
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, a franchisee operating a Fixed Location Business agrees to several stipulations. The franchisee must comply with all zoning, land use, and legal requirements, securing all necessary permits and licenses at their own expense. They must also adhere to the fixed location policies, procedures, and standards outlined in Beverly Anns Cookie's Brand Manual. While fixed locations share a consistent theme, the specific details of each location may vary based on local requirements, meaning no two locations will necessarily be identical.
If modifications to the premises are needed to comply with local laws, the franchisee may be required to pay a fee to Beverly Anns Cookie or its affiliates to cover the costs of these modifications. Additionally, the franchisee is obligated to purchase an initial inventory of Beverly Ann's Cookies equipment, uniforms, and supplies from Beverly Anns Cookie or its affiliates, and these payments are non-refundable. The franchisee can only operate the Fixed Location Business from the designated Premises and cannot relocate without Beverly Anns Cookie's written consent, which can be withheld at their discretion.
Furthermore, the franchisee acknowledges that Beverly Anns Cookie makes no guarantees regarding the viability of the Fixed Location Business, including potential revenues, income, profits, or success. The franchisee confirms they have independently determined that the Fixed Location Business is compatible with the Beverly Anns Cookie system. This indicates that franchisees bear the risk of ensuring their fixed location adheres to all local regulations and standards, and that they are responsible for covering the costs of compliance and initial setup, with no guarantee of financial success from Beverly Anns Cookie.