What must a Beverly Anns Cookie franchisee independently determine regarding the Fixed Location Business?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
- e) Franchisee has independently determined that the Fixed Location Business would be compatible with the operation of the Beverly Ann's Business and as a part of the System.
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- NO REPRESENTATIONS BY FRANCHISOR. Franchisor makes no representations, warranties, or guaranties, express or implied, relating to the viability of the Fixed Location Business, including but not limited to the potential revenues, income, profits, volume or success of the Fixed Location Business contemplated by this Amendment.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, a franchisee must independently determine if the Fixed Location Business aligns with the operation of a Beverly Ann's Business and the overall system. This means that Beverly Anns Cookie does not make any guarantees or assurances regarding the success or viability of a fixed location.
Beverly Anns Cookie emphasizes that the franchisor offers no representations, warranties, or guarantees about the potential revenues, income, profits, volume, or overall success of the Fixed Location Business. This places the onus on the franchisee to conduct thorough due diligence and assess the market potential, operational feasibility, and financial viability of a fixed location before committing to the venture.
This requirement underscores the importance of independent business judgment for prospective Beverly Anns Cookie franchisees. While the franchisor provides a system and brand, the ultimate responsibility for evaluating the suitability and potential success of a Fixed Location Business rests with the franchisee. This includes considering local market conditions, competition, and the franchisee's own capabilities and resources.