Is there an additional cost for the Beverly Anns Cookie franchisee to use the licensed data?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
ion), dedicated telephone and power lines. You acknowledge and agree that changes to Technology are dynamic and not predictable within the Term of this Franchise Agreement. To provide for inevitable but unpredictable changes to technological needs and opportunities, you agree that we may establish, in writing, reasonable new standards for implementing Technology in the System and you agree to comply with those reasonable new standards we establish as if we periodically revised this Section for that purpose. You will keep the Technology in good maintenance and repair, and you will promptly install, at your expense, any additions, changes, modifications or substitutions to Technology, as we may specify periodically. There is no limitation on the frequency and cost of your obligation to maintain, update or upgrade your Technology or its components. You acknowledge that you are solely responsible for protecting your Franchised Business from computer viruses, bugs, failures, data breaches and attacks by hackers and other unauthorized intruders in the Technology.
Proprietary Software
We may also develop proprietary software or technology that must be used by Beverly Ann's Cookie Truck franchisees. If this occurs, you agree to enter into a license agreement with us (or an affiliate of ours) and pay us (or our affiliate) commercially reasonable licensing, support and maintenance fees. The license agreement will govern the terms under which you may utilize this software or technology. We also reserve the right to enter into a master software or technology license agreement with a third-party licensor and then sublicense the software or technology to you, in which case we may charge you for all amounts we must pay to the licensor based on your use of the software or technology.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, franchisees may incur additional costs for using proprietary software or technology. If Beverly Anns Cookie develops proprietary software that franchisees must use, the franchisee will need to enter into a license agreement and pay commercially reasonable licensing, support, and maintenance fees to Beverly Anns Cookie or its affiliate. The specific terms of software usage will be detailed in the license agreement.
Beverly Anns Cookie also reserves the right to enter into a master software license agreement with a third party and sublicense that software to franchisees. In this case, Beverly Anns Cookie may charge franchisees the amounts that Beverly Anns Cookie must pay to the licensor based on the franchisee's usage of the software.
In addition, Beverly Anns Cookie franchisees must obtain and use at least one Beverly Ann's Cookie email address from Beverly Anns Cookie. The franchisee must pay the then-current fee, which is currently $216 per year (or $18 per month), for each email address obtained. This fee is due at the same time as the royalty payments. Beverly Ann's Cookie retains the right to increase this fee with 30 days' written notice.