What is the permitted use of the Premises for a Beverly Anns Cookie Fixed Location Business?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
- 13.14 Premises and Premises Standards. The Parties acknowledge and agree that the Franchise Agreement shall be for both the Fixed Location Business and the GRM/GRT. The site of the Fixed Location Business shall be: [insert address] (the “Premises”). Franchisee may only operate the Fixed Location Business from the Premises and may not relocate the Fixed Location Business without the written consent of Franchisor which it may withhold in its sole discretion. You may not utilize any other Premises in the operation of your Franchised Business, and the Premises must only be used for the operation of your Franchised Business and not for any other purpose.
You must use our approved supplier for the decoration and/or design of your Fixed Location Business. Your Fixed Location Business must meet our then-current standards that we specify and that are contained in the Brand Manual. You must not use the Premises for any purpose other than the operation of your Fixed Location Business. You agree to: (i) decorate your Fixed Location Business under our thencurrent System standards, and at our request, periodically update or improve the decoration of the Fixed Location Business (any such updates or improvements must be made within 30 days of our delivery of notice to you that such updates or improvements must be made); (ii) maintain the condition of the Fixed Location Business consistent with the image of a Franchised Business and in accordance with the System standards; (iii) not transfer the Fixed Location Business without first removing all of the Marks from the Fixed Location Business and any additional equipment; and (iv) obtain and maintain all appropriate permits, business and contractor licenses and certifications used in the Franchised Business. During the Term, you agree to take the following actions: (A) thoroughly clean, repaint, and redecorate the interior and exterior of the Fixed Location Business and any additional equipment at intervals we prescribe; (B) repair the interior and exterior of the Fixed Location Business; and (C) at our request, to periodically improve and modify the Fixed Location Business to conform to the then-current System standards. You will place or display at the Fixed Location Business, only those signs, emblems, designs, artwork, lettering, logos, and display and advertising materials we approve from time to time. If at any time in our reasonable judgment, the general state of repair, appearance, or cleanliness of the Fixed Location Business of the Franchised Business or its fixtures, furnishings, equipment, assets, or signs does not meet our standards, we may notify you and specify the action you must take to correct the deficiency. These corrective actions will be performed at your sole expense. You must use our monitors at your Fixed Location and participate in our BA Advertising Program.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie FDD, the Premises for a Fixed Location Business must be used only for the operation of the Franchised Business. A franchisee may not utilize any other premises in the operation of their Franchised Business. The franchisee must use an approved supplier for the decoration and/or design of their Fixed Location Business, and the business must meet the franchisor's current standards as specified in the Brand Manual.
Beverly Anns Cookie requires franchisees to decorate their Fixed Location Business under the current System standards and, at the franchisor's request, periodically update or improve the decoration of the Fixed Location Business within 30 days of notice. Franchisees must also maintain the condition of the Fixed Location Business consistent with the image of a Franchised Business and in accordance with the System standards.
Furthermore, franchisees cannot transfer the Fixed Location Business without first removing all of the Marks from the Fixed Location Business and any additional equipment. Franchisees must obtain and maintain all appropriate permits, business and contractor licenses, and certifications used in the Franchised Business. During the term, franchisees must thoroughly clean, repaint, and redecorate the interior and exterior of the Fixed Location Business and any additional equipment at intervals prescribed by Beverly Anns Cookie, as well as repair the interior and exterior of the Fixed Location Business.
Beverly Anns Cookie also requires franchisees to place or display only those signs, emblems, designs, artwork, lettering, logos, and display and advertising materials that the franchisor approves. If the general state of repair, appearance, or cleanliness of the Fixed Location Business does not meet Beverly Anns Cookie's standards, the franchisor may notify the franchisee and specify the action they must take to correct the deficiency, at the franchisee's sole expense. Franchisees must use the franchisor's monitors at their Fixed Location and participate in the BA Advertising Program.