Regarding a Beverly Anns Cookie franchise, what notices are Owners waiving?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
You hereby waive any right to challenge the terms of the Brand Covenants as being overly broad, unreasonable or otherwise unenforceable.
You agree that failure to comply with the terms of Brand Covenants will cause substantial and irreparable damage to us and/or other "Beverly Ann's Cookie Truck" franchisees for which there is no adequate remedy at law. Therefore, you agree that any violation of the terms of this Section 18 will entitle us to injunctive relief. We may apply for such injunctive relief without bond, but upon due notice, in addition to such further and other relief as may be available at equity or law, and the sole remedy of yours, in the event of the entry of such injunction will be the dissolution of such injunction, if warranted, upon hearing duly held (all claims for damages by reason of the wrongful issuance of any such injunction being expressly waived hereby). Notwithstanding the foregoing, if a court requires the filing of a bond, the parties agree that the amount of the bond shall not exceed $1,000.
If you believe that we (or our affiliates) have failed to adequately provide any assistance or services to you as provided in this Franchise Agreement, you will notify us in writing within 30 days following ours or our affiliates' provision of such assistance or services. Without the timely provision of such notice to us, you will be deemed to conclusively acknowledge that all such assistance or services required to be provided by us or our affiliates were sufficient and satisfactory in your judgment.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, franchisees and their owners waive the right to challenge the terms of Brand Covenants as overly broad, unreasonable, or unenforceable. This means franchisees agree upfront that the non-compete restrictions are fair and acceptable.
Additionally, the document states that franchisees waive claims for damages if Beverly Anns Cookie seeks and obtains an injunction against them for violating the Brand Covenants. The franchisee's sole remedy in the event of such an injunction is to pursue its dissolution. However, if a court requires a bond for the injunction, the parties agree that the amount of the bond will not exceed $1,000.
Finally, if Beverly Ann's Cookie fails to provide adequate assistance or services, the franchisee must notify them in writing within 30 days of the service. Failure to do so means the franchisee acknowledges that the services were sufficient and satisfactory.