Can a Beverly Anns Cookie franchisee make any agreement on behalf of the franchisor?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
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)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, a franchisee cannot make agreements on behalf of the franchisor unless the franchisor provides written approval. Specifically, any time the Franchise Agreement requires the franchisor's approval, the franchisee must make a timely written request. The franchisor's approval must also be in writing to be binding.
If Beverly Anns Cookie fails to approve a franchisee's request within the required time, the request is considered denied. If the franchisee pursues legal action due to a denial, the only relief they can seek is to obtain the franchisor's approval.
Beverly Anns Cookie may withhold approval or consent at their sole discretion, except where the Franchise Agreement explicitly states that approval or consent cannot be unreasonably withheld. The franchisee is not entitled to any other relief or damages if the franchisor denies approval. This underscores the importance of clear communication and understanding of the approval processes outlined in the Franchise Agreement before entering into the franchise agreement.