What is the relationship between the Mobile Business and the amendment for a Beverly Anns Cookie franchise?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, Franchisee desires to operate a Beverly Ann's Business from a permanent location in tandem with the GRM/GRT ("Mobile Business"), which is referred to in the Franchise Agreement as a "Fixed Location Business;" and
WHEREAS, Franchisor and Franchisee desire to modify the Franchise Agreement consistent with the operation of a Fixed Location Business in tandem with the Mobile Business pursuant to and in accordance with the terms of this Amendment.
Capitalized terms not defined herein shall have the meaning set forth in the Franchise Agreement.
NOW THEREFORE, in consideration of the mutual agreements, covenants and promises contained in this Amendment and for mutual consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the parties agree as follows:
-
- RECITALS. The Recitals set forth above are hereby incorporated into the terms of this Amendment as if fully restated herein.
-
- FIXED LOCATION BUSINESS. Upon execution of this Amendment, Franchisee is hereby granted the right to operate a Fixed Location Business in tandem with the existing Mobile Business under the Franchise Agreement. The Mobile Business shall remain in full force and effect and all references to the GRM/GRT shall be unaffected unless modified by this Amendment.
-
- PREMISES AND PREMISES STANDARDS. A new Section 13.14 is hereby appended to the Franchise Agreement which is hereby amended to include the following in connection with the Fixed Location Business:
- 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.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, the Mobile Business, typically operated from a GRM/GRT (Beverage Entertainment Vehicle), can be expanded through an amendment to include a Fixed Location Business. This allows a franchisee to operate a permanent location in conjunction with their existing mobile unit.
The amendment specifically grants the franchisee the right to operate a Fixed Location Business alongside the existing Mobile Business, with the original Franchise Agreement remaining in effect unless directly modified by the amendment. All references to the GRM/GRT within the original agreement remain unchanged unless the amendment specifies otherwise.
The amendment includes a new section, 13.14, which is appended to the Franchise Agreement, addressing the Premises and Premises Standards for the Fixed Location Business. This section stipulates that the Franchise Agreement now covers both the Fixed Location Business and the GRM/GRT. The franchisee is restricted to operating the Fixed Location Business solely from the designated Premises and cannot relocate without the franchisor's explicit written consent. Furthermore, the Premises must be exclusively used for the operation of the franchised business.