Does Beverly Anns Cookie have the option to instruct the franchisee to assign the Franchise Agreement to the transferee?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
The transferee and its owners sign our then-current form of franchise agreement and related
documents, including, but not limited to, our then-current form of Franchise Owner Agreement or other guaranty (unless we, in our sole discretion, instruct you to assign this Franchise Agreement to the transferee), except that: (i) the Term and successor term(s) shall be the Term and successor term(s) remaining under this Franchise Agreement; and (ii) the transferee does not need to pay a separate initial franchise fee.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, in the event of a franchise transfer, Beverly Anns Cookie has the option to instruct the franchisee to assign the current Franchise Agreement to the new transferee. Alternatively, Beverly Anns Cookie can require the transferee to sign the then-current form of the franchise agreement.
If Beverly Anns Cookie allows the transferee to assume the existing agreement, the term and any successor terms will remain the same as under the original agreement. The transferee will not be required to pay a separate initial franchise fee.
In either scenario, the franchisee is required to request that the transferee receive the most current franchise disclosure document. The franchisee also agrees that they will not be liable for any representations made by them or their owners that are inconsistent with the franchise disclosure document.