Can a Beverly Anns Cookie franchisee sell or transfer the equipment?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
- ADDITIONAL EQUIPMENT. Franchisee desires to purchase the following Additional Equipment for use in the Protected Territory and shall pay the Additional Equipment Royalty listed for such equipment under the Franchise Agreement and this Amendment for so long as Franchisee owns the Additional Equipment.
Franchisee must present evidence to Franchisor, as required by Franchisor in its sole discretion, that Franchisee no longer owns the Additional Equipment prior to Franchisee being excused from paying any further Additional Equipment Royalties. Franchisee shall not be entitled to receive a refund on any Additional Equipment Royalty paid. Franchisee acknowledges and agrees that the Additional Equipment Royalty may increase upon renewal of the Franchise Agreement and agrees to pay Franchisor the thencurrent Royalty amount upon any such renewal.
AMENDMENT BINDING. This Amendment will be binding upon and inure to the benefit of each party and to each party's respective successors and assigns.
NO FURTHER CHANGES. Except as specifically provided in this Amendment, all the terms, conditions, and provisions of the Franchisee Agreement will remain in full force and effect as originally written and signed. In the event of any inconsistency between the Franchise Agreement and this Amendment, this Amendment shall control.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie FDD, a franchisee has the option to purchase additional equipment for use in their protected territory. If a franchisee purchases additional equipment, they will pay an additional equipment royalty as long as they own the equipment.
To stop paying the additional equipment royalties, the franchisee must provide evidence to Beverly Anns Cookie that they no longer own the additional equipment. The evidence required is at the discretion of Beverly Anns Cookie. The franchisee will not receive a refund for any additional equipment royalties already paid.
The additional equipment royalty may increase upon renewal of the franchise agreement, and the franchisee agrees to pay the then-current royalty amount upon renewal. The terms and conditions of the franchise agreement remain in full force and effect, except as specifically provided in the amendment for additional equipment. In the event of any inconsistency between the franchise agreement and the amendment, the amendment shall control.