Does the Beverly Anns Cookie loan agreement allow for class action lawsuits?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
EXHIBIT H-6
BEVERLY ANN'S COFFEE FRANCHISE
PROMISSORY NOTE - EAGLE FINANCIAL SERVICES, INC.
EAGLE FINANCIAL SERVICES, INC. CONSENT AND NOTICE REGARDING ELECTRONIC COMMUNICATIONS
Electronic Signature Agreement.
By selecting the "I Accept" button, you are signing this Agreement electronically.
You agree your electronic signature is the legal equivalent of your manual signature on this Agreement.
By selecting "I Accept" you consent to be legally bound by this Agreement's terms and conditions.
You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide, or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing.
You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Eagle Financial Services, Inc.
You further agree that each use of your E-Signature in obtaining Eagle Financial Services, Inc's online service(s) constitutes your agreement to be bound by the terms and conditions thereof.
Consent to Electronic Delivery.
You specifically agree to receive and/or obtain any and all Eagle Financial Services, Inc. related "Electronic Communications" as defined below.
The term "Electronic Communications" includes, but is not limited to, any and all current and future notices and/or disclosures that various federal and/or state laws or regulations require that we provide to you, as well as such other documents, statements, data, records and any other communications including copies of these loan documents.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, it is not possible to determine whether the Beverly Anns Cookie loan agreement with Eagle Financial Services, Inc. allows for class action lawsuits. While Exhibit H-6 includes a sample Promissory Note from Eagle Financial Services, Inc., the excerpt focuses on electronic signatures and consent to electronic delivery of communications. It does not include any terms or conditions related to dispute resolution, waivers, or class action lawsuits.
Because the excerpt only covers electronic communication consent, prospective Beverly Anns Cookie franchisees should carefully review the full loan agreement with Eagle Financial Services, Inc., paying close attention to clauses about dispute resolution, governing law, and waiver of rights. These clauses often dictate whether a franchisee can participate in a class action lawsuit against the lender.
It is important to consult with a legal professional to fully understand the implications of these clauses before signing any loan agreements. Franchisees should also inquire with Beverly Anns Cookie about any past or pending litigation involving the loan agreement to assess potential risks.