Does Beverly Anns Cookie license the use of data back to the franchisee?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
We may also develop proprietary software or technology that must be used by Beverly Ann's Cookie Truck franchisees. If this occurs, you agree to enter into a license agreement with us (or an affiliate of ours) and pay us (or our affiliate) commercially reasonable licensing, support and maintenance fees. The license agreement will govern the terms under which you may utilize this software or technology. We also reserve the right to enter into a master software or technology license agreement with a third-party licensor and then sublicense the software or technology to you, in which case we may charge you for all amounts we must pay to the licensor based on your use of the software or technology.
You will provide any assistance we require to connect to the Technology. We will have the right at any time to retrieve data and other information from your Technology as we, in our sole discretion, deem necessary or desirable. You shall ensure that we have access at all times to any Technology we request, at your cost. You must provide us with any and all requested codes, passwords and information necessary to access your Technology. You must receive our prior approval before changing such codes, passwords and other necessary information.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, the franchisor may develop proprietary software or technology that franchisees are required to use. If this occurs, franchisees must enter into a license agreement and pay commercially reasonable licensing, support, and maintenance fees to Beverly Anns Cookie or its affiliate. Beverly Anns Cookie also reserves the right to sublicense software or technology from a third-party licensor to the franchisee, in which case the franchisee may be charged for all amounts Beverly Anns Cookie must pay to the licensor based on the franchisee's use of the software or technology.
Beverly Anns Cookie has the right to retrieve data and other information from the franchisee's technology at any time, as deemed necessary or desirable in their sole discretion. Franchisees are responsible for ensuring that Beverly Anns Cookie has access to any technology requested at all times and at the franchisee's cost. Franchisees must provide all requested codes, passwords, and information necessary to access their technology and must receive prior approval before changing such codes, passwords, and other necessary information.
The FDD does not explicitly state whether Beverly Anns Cookie licenses the use of the collected data back to the franchisee. It only specifies that Beverly Anns Cookie can retrieve data from the franchisee's technology and that the franchisee may need to license software from Beverly Anns Cookie or a third party to operate the business.