For Beverly Anns Cookie, what is the purpose of the Transfer Addendum to the Franchise Agreement?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
parts, and each executed counterpart shall be considered an original.
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- This Bill of Sale may be executed in counterparts and by electronic signature, all such counterparts taken together will constitute one and the same agreement.
IN WITNESS WHEREOF, Franchisee and MCC have each signed this Bill of Sale as of the day and year first set forth above.
(Signatures on following page)
| FRANCHISEE ENTITY: | MOBILE COOKIE COMPANY, LLC |
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| By: | By: Tony Lamb Its: CEO |
| Its: | |
| OWNERS, individually | |
| Name: | |
| Name: |
EXHIBIT H-11
BEVERLY ANN'S COOKIES FRANCHISE
FRANCHISE AGREEMENT TRANSFER ADDENDUM
This Franchise Agreement Transfer Addendum ("Transfer Addendum") is made and entered into as of 7/17/2025 ("Effective Date"), by and between MOBILE COOKIE COMPANY, LLC, a Delaware limited liability company ("Franchisor") and [Entity Name], d/b/a ["DBA Name"], a(n) [state] [type of entity] ("Franchisee") (each, a "Party" and together, the "Parties").
BACKGROUND
- A. Franchisor and Franchisee are parties to a Franchise Agreement ("Franchise Agreement") [dated/dated as of] 7/17/2025as a result of an approved transfer of a franchised business of Franchisor ("Franchised Business").
- B. Franchisor and Franchisee desire to amend the Franchise Agreement to reflect Franchisee's status as a transferee franchisee for the Franchised Business.
- C. All capitalized terms not otherwise defined in this Transfer Addendum shall have the meanings set forth in the Franchise Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties and subject to the following terms and conditions, it is agreed as follows:
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- Franchisor and Franchisee agree that because the Franchised Business is already open and operating and being acquired via a transfer, Franchisee and Franchisor shall be relieved of performing certain pre-opening and development obligations set forth in the Franchise Agreement. Specifically:
- a. Franchisee has already acquired the truck and, if applicable, additional equipment ("Assets") under Section 13.13 of the Franchise Agreement upon transfer of the Franchised Business. Section 13.13 of the Franchise Agreement is hereby amended accordingly. If any equipment is required for the Assets as set forth in Section 13.13 of the Franchise Agreement, Franchisee agrees to purchase such items from Franchisor prior to operating the Assets.
- b. Because Franchisee is a transferee franchisee, Franchisee shall not be required to pay the Initial Franchise Fee. Section 6.6 of the Franchise Agreement is hereby amended accordingly.
- c. If Franchisee is an existing franchisee under the Beverly Ann's Cookies System, Franchisee shall not be required to attend Initial Training and there shall be no Initial Training Deadline. Accordingly, Franchisor is under no obligation to provide Initial Training to Franchisee.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, the Franchise Agreement Transfer Addendum is used when a franchise is transferred from one franchisee to another. The Transfer Addendum, effective as of July 17, 2025, is an agreement between Mobile Cookie Company, LLC (the Franchisor) and the new franchisee.
The purpose of this addendum is to amend the original Franchise Agreement to reflect the new franchisee's status as a transferee. Because the franchised business is already open and operating, the Transfer Addendum relieves both the franchisor and franchisee from performing certain pre-opening and development obligations that would normally be required under a new franchise agreement.
Specifically, the new franchisee is acknowledged to have already acquired the necessary truck and equipment, and is not required to pay an initial franchise fee. If the new franchisee is already part of the Beverly Ann's Cookies system, they may not be required to attend initial training. However, any successor Designated Manager must attend Initial Training and additional persons may attend the Initial Training in accordance with the terms of the Franchise Agreement; such Designated Managers and/or additional persons shall be required to pay for hotel and transportation costs associated with attending Initial Training.