Is any individual authorized to change any provision of the Beverly Anns Cookie loan?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
AMENDMENT, INTEGRATION AND SEVERABILITY.** This Note may not be amended or modified by oral agreement.
No amendment or modification of this Note is effective unless made in writing.
This Note and the other Loan Documents are the complete and final expression of the agreement.
If any provision of this Note is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, the Promissory Note from Eagle Financial Services, Inc. states that the note may not be amended or modified by oral agreement. Any changes must be made in writing to be effective.
This means that a Beverly Anns Cookie franchisee cannot rely on verbal promises or agreements to alter the terms of their loan. Any modifications to the loan agreement must be documented in writing to be legally binding. This protects both the franchisee and the lender by ensuring that all changes are clear and agreed upon by all parties.
The document also specifies that the Promissory Note and other loan documents represent the complete and final agreement. This clause reinforces the importance of the written agreement and prevents either party from later claiming that additional terms or conditions apply. Franchisees should carefully review all loan documents and seek legal counsel if they have any questions or concerns before signing.
Furthermore, the agreement includes a severability clause, stating that if any provision is unenforceable, the remaining provisions will still be valid. This ensures that the entire loan agreement is not invalidated if a single clause is deemed unenforceable, providing additional protection and clarity for both the Beverly Anns Cookie franchisee and the lender.