What law governs the Beverly Anns Cookie agreement?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
- c. This Agreement will be governed by, construed, and enforced under the laws of Kentucky, and the courts in that state shall have jurisdiction over any legal proceedings arising out of this Agreement.
- d. Each section of this Agreement, including each subsection and portion, is severable. If any section, subsection, or portion of this Agreement is unenforceable, it shall not affect the enforceability of any other section, subsection, or portion; and each party to this Agreement agrees that the court may impose such limitations on the terms of this Agreement as it deems in its discretion necessary to make such terms enforceable.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, the Confidentiality Agreement will be governed by the laws of Kentucky. This means that the interpretation and enforcement of the agreement will be subject to Kentucky state law. Additionally, any legal proceedings related to the agreement will take place in Kentucky courts.
This is a standard clause in franchise agreements, as it provides clarity and predictability regarding the legal framework governing the relationship between the franchisee and Beverly Anns Cookie. It ensures that both parties understand which state's laws will apply in case of a dispute.
The FDD also states that each section of the agreement is severable. This means that if a court finds any part of the agreement unenforceable, the remaining parts will still be valid and enforceable. This provision protects the overall integrity of the agreement, ensuring that minor issues do not invalidate the entire contract. Beverly Anns Cookie also states that the court may impose limitations on the terms of the agreement to make such terms enforceable.