Can Beverly Anns Cookie provide additional time to satisfy a judgment, and under what conditions?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
We and you may, by written instrument, unilaterally waive or reduce any obligation of or restriction upon the other. Any waiver granted by us shall apply only the to the specifically waived provisions and shall not affect any other rights we may have. We and you shall not be deemed to have waived or impaired any right, power or option reserved by this Franchise Agreement (including the right to demand exact compliance with every term, condition and covenant in this Franchise Agreement, or to declare any breach of this Franchise Agreement to be a default, and to terminate the Franchise Agreement before the expiration of its Term) by virtue of: (i) any custom or practice of the parties that varies with the terms of this Franchise Agreement; (ii) any failure, refusal or neglect of us or you to exercise any right under this Franchise Agreement or to insist upon exact compliance by the other with its obligations under this Franchise Agreement, including any mandatory specification, standard or operating procedure; (iii) any waiver, forbearance, delay, failure or omission by us to exercise any right, power or option, whether of the same, similar or different nature, relating to other Beverly Ann's Cookie Truck franchisees; or (iv) the acceptance by us of any payments due from you after breach 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, Beverly Anns Cookie can unilaterally waive or reduce any obligation or restriction upon the franchisee by written instrument. However, any waiver granted by Beverly Anns Cookie applies only to the specifically waived provisions and does not affect any other rights they may have.
Beverly Anns Cookie will not be deemed to have waived or impaired any right, power, or option reserved by the Franchise Agreement due to any custom or practice of the parties that varies with the terms of the agreement, any failure to exercise any right under the agreement, or any waiver, delay, or omission by Beverly Anns Cookie to exercise any right relating to other Beverly Anns Cookie franchisees. This also applies to the acceptance by Beverly Anns Cookie of any payments due from the franchisee after a breach of the Franchise Agreement.
This means that even if Beverly Anns Cookie has been lenient or flexible in the past, they are not obligated to continue doing so. They can still demand strict compliance with every term of the Franchise Agreement. A prospective franchisee should be aware that any leniency shown by Beverly Anns Cookie in one instance does not set a precedent for future situations. It is crucial to adhere to the Franchise Agreement's terms to avoid potential defaults or termination, as Beverly Anns Cookie retains the right to enforce the agreement fully at any time.