Are Beverly Anns Cookie Owners required to comply with any modifications to the non-competition covenants?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
e are a party, you agree to be bound by any lesser covenant subsumed within the terms of such Brand Covenant that imposes the maximum duty permitted by law, as if the resulting Brand Covenant were separately stated in and made a part of this Section. Accordingly, the parties agree that any reduction in scope or modification of any part of the non-competition provisions contained herein shall not render any other part unenforceable. You acknowledge and agree that: (i) the terms of this Franchise Agreement are reasonable both in time and in scope of geographic area; (ii) our use and enforcement of covenants similar to those described above with respect to other "Beverly Ann's Cookie Truck" franchisees benefits you and the Owners because it prevents others from unfairly competing with your Franchised Business; and (iii) you and the Owners have sufficient resources and business experience and opportunities to earn an adequate living while complying with the terms of this Franchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, franchisees must comply with modifications to the non-competition covenants. Beverly Anns Cookie has the right to reduce the scope of any Brand Covenant without the franchisee's consent by providing written notice. The franchisee agrees to comply with these modifications.
This means that Beverly Anns Cookie can change the terms of the non-compete agreement, potentially making it more restrictive or less restrictive, during the term of the franchise agreement. The franchisee is obligated to adhere to these changes once notified in writing. This could impact the franchisee's future business activities should they ever leave the Beverly Anns Cookie system.
Franchisees also waive any right to challenge the terms of the Brand Covenants as being overly broad, unreasonable, or otherwise unenforceable. This further emphasizes the franchisee's obligation to comply with the non-competition terms set by Beverly Anns Cookie. It is important for prospective franchisees to fully understand the implications of these covenants and modifications before entering into the agreement.