What are the obligations referred to as "Post Term Obligations" for a Beverly Anns Cookie franchise?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
The obligations contained in this Section 25 shall be referred to as your "Post Term Obligations." After the termination, expiration or Transfer of this Franchise Agreement, you agree to undertake each and every one of the obligations listed in this Section.
Cease Operations
Immediately cease to operate the Franchised Business under this Franchise Agreement and the System. You agree to not hold yourself out to the public as a present or former franchise owner of the Franchised Business.
Intellectual Property
Immediately cease to use the Intellectual Property in any manner whatsoever and not use any trademarks or trade names that may be confusingly similar to the Intellectual Property. You acknowledge and agree that any continued use of the Marks would constitute trademark infringement.
Monetary Obligations
Pay us all amounts you owe us and our affiliates within 15 days.
Surviving Covenants
Comply with all covenants described in this Section and otherwise in this Franchise Agreement that apply after the expiration, termination or Transfer of this Franchise Agreement or of an ownership interest by an Owner.
De-Identification
Unless we exercise our right to purchase under Section 26 of this Franchise Agreement, you agree to, at your expense, to fully decommission the GR Vehicle (and any Additional Equipment) by removing all proprietary items and Marks from the GR Vehicle (and Additional Equipment) in accordance with our System Standards, including, but not limited to: all vinyl wraps, internal and external Creation Station components and signage, bottle racks, drip trays, external fins and awnings, LED lighting, menu boards, stickers, decals, Monitor, and scent diffuser. If you fail to do so in the required time period, you agree to
allow us, without liability to you or third parties for trespass or any other claim, to take possession of the GR Vehicle (and any Additional Equipment) to remove any signs or other materials containing any Marks from the Franchised Business, and to otherwise modify the GR Vehicle (and any Additional Equipment) so as to no longer be identifiable as related to the Beverly Ann's Cookie Truck System.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, "Post Term Obligations" refer to the responsibilities a franchisee must undertake after the termination, expiration, or transfer of their Franchise Agreement. These obligations are detailed in Section 25 of the agreement.
Specifically, a franchisee must immediately cease operating the Franchised Business under the Beverly Anns Cookie System and refrain from presenting themselves as a current or former franchise owner. They are also required to stop using Beverly Anns Cookie's intellectual property, including trademarks and trade names, and avoid using anything confusingly similar, as continued use would be considered trademark infringement.
Financially, the franchisee is obligated to pay all outstanding amounts owed to Beverly Anns Cookie and its affiliates within 15 days. Furthermore, the franchisee must comply with all covenants described in Section 25 and elsewhere in the Franchise Agreement that remain applicable after the agreement's termination, expiration, or transfer. Unless Beverly Anns Cookie exercises its right to purchase the franchisee's GR Vehicle (Grandma's Recipe Motor Vehicle) and any Additional Equipment, the franchisee is responsible for decommissioning the vehicle by removing all proprietary items and Marks, such as vinyl wraps, signage, and equipment components, according to Beverly Anns Cookie's System Standards. If the franchisee fails to do so, Beverly Anns Cookie has the right to take possession of the vehicle to remove identifying marks and materials.