What is the 'Requested Assignment' in the context of a Beverly Anns Cookie franchise transfer?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
| This Approval of Requested Assignment ("Agreement") is entered into this day of , 20, between Mobile Cookie Company, LLC ("Franchisor"), a Delaware limited liability company, ("Former Franchisee"), the undersigned owners of Former Franchisee ("Owners") and, a [State] [corporation/limited liability company] ("New Franchisee"). |
|---|
| RECITALS |
| WHEREAS, Franchisor and Former Franchisee entered into that certain franchise agreement dated |
| , 20 ("Former Franchise Agreement"), in which Franchisor |
| granted Former Franchisee the right to operate a Beverly Ann's Cookies |
| franchise located at |
| ("Franchised Business"); and |
| WHEREAS, Former Franchisee desires to assign ("Requested Assignment") the Franchised |
| Business to New Franchisee, New Franchisee desires to accept the Requested Assignment of the Franchised |
| Business from Former Franchisee, and Franchisor desires to approve the Requested Assignment of the |
| Franchised Business from Former Franchisee to New Franchisee upon the terms and conditions contained |
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, a 'Requested Assignment' refers to the former franchisee's desire to transfer their franchised business to a new franchisee. This transfer requires the approval of Beverly Anns Cookie. The franchisor's approval is contingent upon specific terms and conditions outlined in the agreement.
Specifically, the franchisor, the former franchisee, the owners of the former franchisee, and the new franchisee all enter into an agreement to formalize the transfer. The original franchise agreement between Beverly Anns Cookie and the former franchisee is referenced, establishing the former franchisee's right to operate a Beverly Ann's Cookies franchise at a specific location. The new franchisee must also agree to the terms of the transfer.
This process ensures that Beverly Anns Cookie maintains control over who operates its franchises and that the new franchisee is aware of their obligations. It also protects the franchisor from potential liabilities related to the transaction between the former and new franchisees, as the franchisor's involvement is limited to approving the assignment and ensuring the new franchisee signs a new franchise agreement.