Does the release for Beverly Anns Cookie cover unknown claims?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
EXHIBIT H
CONTRACTS FOR USE WITH THE BEVERLY ANN'S COOKIES FRANCHISE
The following contracts contained in Exhibit H are contracts that Franchisee is required to utilize or execute after signing the Franchise Agreement in the operation of the Beverly Ann's Business. The following are the forms of contracts that Mobile Cookie Company, LLC uses as of the Issuance Date of this Franchise Disclosure Document. If they are marked "Sample," they are subject to change at any time.
EXHIBIT H-1
BEVERLY ANN'S COOKIES FRANCHISE
SAMPLE WAIVER AND RELEASE OF CLAIMS
This Waiver and Release of Claims ("Release") is made as of 7/17/2025 by and among [Entity Name], d/b/a ["dba name"], a(n) [state] [entity name] ("Franchisee"), each of the undersigned individuals holding an ownership interest in Franchisee ("Owner(s),") and (collectively with Franchisee, "Releasors") Mobile Cookie Company, LLC, a Delaware limited liability company ("Franchisor," and together with Releasors, each, a "Party" and together, the "Parties").
WHEREAS, Franchisor and Franchisee have entered into a Franchise Agreement ("Agreement") pursuant to which Franchisee was granted the right to own and operate a Beverly Ann's Business;
WHEREAS, (Franchisee has notified Franchisor of its desire to transfer the Agreement and all rights related thereto, or an ownership interest in Franchisee, to a transferee/enter into a successor franchise agreement/amend the Agreement) or (the Agreement is being terminated/or indicate other reason for the requirement of this waiver and release), and Franchisor has consented to such (transfer/successor franchise agreement/amendment/termination/other reason); and
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
Based on the 2025 Beverly Anns Cookie Franchise Disclosure Document, Exhibit H-1 includes a sample waiver and release of claims. This release is made as of July 17, 2025, by and among the franchisee, the owners, and Mobile Cookie Company, LLC, the franchisor.
The document states that the franchisee and franchisor have entered into a Franchise Agreement, and the franchisee has notified the franchisor of its desire to transfer the agreement, an ownership interest, enter into a successor franchise agreement, or amend or terminate the agreement. The franchisor has consented to such transfer, successor franchise agreement, amendment, or termination.
This waiver and release of claims is a standard legal document used when there is a change in the franchise agreement or its ownership. It is important for prospective franchisees to carefully review this document with a legal professional to understand the full scope of the claims being released, including any potential unknown claims, before signing.