What is the purpose of the Skinny Upfit Amendment to the Beverly Anns Cookie Franchise Agreement?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
provisions of the Franchise Agreement and this Addendum, the terms of this Addendum shall control.
IN WITNESS WHEREOF, the parties duly executed this PB Addendum as of the date we sign it.
"US" "YOU" MOBILE COOKIE COMPANY, LLC a Delaware limited liability company a(n) [State] [entity type] Date: "AFFILIATED ENTITY" a(n) [State] [entity type] By: Name:
SCHEDULE 1
TO PERMITTED BUSINESS ADDENDUM
PERMITTED BUSINESS SERVICES
will be distributed i.e. truck, trailer, kiosk, etc.): Description of Permitted Business Services (describe products served, geographic area, how products Restrictions and Conditions on Provisions of Permitted Business Services: "US" "YOU" MOBILE COOKIE COMPANY, LLC a Delaware limited liability company a(n) [State] [entity type] "AFFILIATED ENTITY" a(n) [State] [entity type] By: Name:
EXHIBIT H-15
BEVERLY ANN'S COOKIES FRANCHISE
SKINNY UPFIT AMENDMENT TO FRANCHISE AGREEMENT
This "Amendment" is made and entered into as of the effective date listed in the signature block ("Effective Date") by and between Mobile Cookie Company, LLC, a Delaware limited liability company ("Franchisor") and the Franchisee identified on the signature block below ("Franchisee"), with reference to the following facts:
- A. The parties have entered into a Beverly Ann's Cookies franchise agreement on or about ______, pursuant to which Franchisee will operate a Beverly Ann's Cookies Franchise (together with any amendments, the "Franchise Agreement").
- B. Under the Franchise Agreement, Franchisee is required to maintain its Beverage Entertainment Vehicle ("GRM") to meet Franchisor's system standards which includes up to three periodic full upfits approximately every seven years before Franchisee is required to purchase a new GRM.
- C. Franchisee's GRM is at least 14 years old and, in lieu of a full upfit, Franchisee desires to have a "Skinny Upfit" done on its GRM subject to the terms and conditions of this Amendment.
- D. The parties hereto desire to amend the Franchise Agreement as set forth herein. Unless defined herein, all capitalized terms used herein shall have the meaning in the Franchise Agreement.
NOW, THEREFORE, for and in consideration of the covenants, warranties, and mutual agreements contained herein, the parties hereto agree as follows:
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- SKINNY UPFIT. Franchisee has elected to not perform a full upfit on its GRM and obtain the Skinny Upfit instead, which will satisfy the maintenance and refurbishment requirements set forth in Section 13.4 of the Franchise Agreement, subject to the following terms and conditions:
- (i) Skinny Upfit Cost: Franchisee will obtain the Skinny Upfit at the then-current price as provided in the Brand Manual which may be updated by Franchisor in its sole discretion from time to time;
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, the Skinny Upfit Amendment to the Franchise Agreement addresses situations where a franchisee's Beverage Entertainment Vehicle (GRM) is at least 14 years old and, instead of a full upfit, the franchisee desires a "Skinny Upfit".
The amendment modifies the original Franchise Agreement to allow for this alternative to a full upfit. Under the standard agreement, franchisees are typically required to maintain their GRMs to meet system standards, including periodic full upfits approximately every seven years, prior to being required to purchase a new GRM. The Skinny Upfit Amendment provides flexibility for franchisees with older GRMs.
Several conditions apply to the Skinny Upfit. The GRM-A must be retired from use 28 years from the original manufacture date. If the GRM-A is sold, it can only be sold as Additional Equipment, and the franchisee must disclose all relevant documents pertaining to the GRM-A and the Skinny Upfit to the buyer. Failure to purchase a Replacement GRM within three years after the Skinny Upfit can result in termination of the Franchise Agreement with 30 days' written notice. This amendment ensures that even with a less extensive upfit, franchisees must eventually invest in a newer vehicle to maintain brand standards.