Can Beverly Anns Cookie sue each debtor individually under this agreement?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
You may sue each Debtor individually or together with any other Debtor.
You may release any part of the Property and I will still be obligated under this Agreement for the remaining Property.
Debtor agrees that you and any party to this Agreement may extend, modify or make any change in the terms of this Agreement or any evidence of debt without Debtor's consent.
Such a change will not release Debtor from the terms of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, in the context of an agreement, Beverly Ann's Cookies has the right to sue each debtor individually or together with any other debtor. This means that Beverly Ann's Cookies is not obligated to pursue all debtors jointly in a single lawsuit; it can choose to sue them separately.
This clause provides Beverly Ann's Cookies with flexibility in pursuing legal action to recover debts. It can strategically target debtors based on their ability to pay or other relevant factors. This can be advantageous in situations where pursuing all debtors jointly would be impractical or less effective.
Furthermore, Beverly Ann's Cookies retains its rights under the agreement even if it releases part of the property, and the debtor remains obligated for the remaining property. The debtor's obligations are not released even if Beverly Ann's Cookies modifies the terms of the agreement or any debt evidence without the debtor's consent. This protects Beverly Ann's Cookies' interests by ensuring that changes to the agreement do not inadvertently waive its rights against the debtor.