What is the Beverly Anns Cookie franchisee agreeing to regarding enforcing warranty rights?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
Rev. 120619
EXHIBIT H-3
BEVERLY ANN'S COOKIES FRANCHISE
SAMPLE CONFIDENTIALITY AGREEMENT
This Confidentiality Agreement ("Agreement") is entered into by the undersigned ("you") in favor of Mobile Cookie Company, LLC, a Delaware limited liability company, and its successors and assigns ("us"), upon the terms and conditions set forth in this Agreement.
1. Definitions.For purposes of this Agreement, the following terms have the meanings given to them below:
"Copyrights" means all works and materials for which we or our affiliate(s) have secured common law or registered copyright protection and that we allow Beverly Ann's Cookies franchisees to use, sell, or display in connection with the marketing and/or operation of Beverly Ann's Business, whether now in existence or created in the future.
"Franchisee" means the Beverly Ann's Cookies franchisee for which you are an employee, independent contractor, agent, representative, or supplier.
"Intellectual Property" means, collectively or individually, our Marks, Copyrights, Know-how, Manual, and System.
"Know-how" means all of our trade secrets and other proprietary information relating to the development, construction, marketing, and/or operation of a Beverly Ann's Business, including, but not limited to, methods, techniques, specifications, proprietary practices and procedures, policies, marketing strategies, and information comprising the System and the Manual.
"Beverly Ann's Business" means a business that provides cookies, ice cream, and related products to the general public in a mobile environment and other related products and services using our Intellectual Property.
"Manual" means our confidential operations manual for the operation of a Beverly Ann's Business.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
Based on the 2025 Beverly Anns Cookie Franchise Disclosure Document, Exhibit H-3 outlines a sample confidentiality agreement that the franchisee, or their employees, must adhere to. This agreement focuses on protecting Beverly Ann's Cookies' intellectual property, including trademarks, copyrights, know-how, manuals, and systems. The franchisee acknowledges the importance of these protections for the success of the franchise system.
The agreement specifically requires the franchisee to maintain the confidentiality of the intellectual property, prevent unauthorized copies of documents, and take steps to prevent unauthorized use or disclosure. This extends to their employees, contractors, agents, representatives, and suppliers, ensuring a comprehensive approach to safeguarding sensitive information. The franchisee also agrees to stop using the intellectual property immediately if they are no longer associated with Beverly Ann's Cookies.
Furthermore, the confidentiality agreement addresses the potential for intellectual property disclosure to immediate family members. It states that if a family member uses or discloses the intellectual property, it will be presumed that the franchisee violated the agreement. However, the franchisee can rebut this presumption by providing evidence that they did not disclose the information. This clause highlights the importance Beverly Ann's Cookies places on protecting its intellectual property and the measures franchisees must take to ensure its confidentiality, even within their own families.