Under what circumstances is Beverly Anns Cookie responsible for the costs of GR Vehicle repairs?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
You acknowledge and agree that vehicle repairs and maintenance may occasionally result in unforeseen mechanical issues. In such cases, you will notify us of any issues encountered and provide reasonable opportunity for us to rectify the problem. You further agree that routine maintenance and occasional repairs are necessary for the proper functioning of the GR Vehicle (and any Additional Equipment) and agree to bear any associated costs unless such issues arise directly from our gross negligence or willful misconduct.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, franchisees are generally responsible for all costs associated with the maintenance and repair of their GR Vehicle. However, Beverly Anns Cookie will bear the costs of GR Vehicle repairs if the issues arise directly from the franchisor's gross negligence or willful misconduct.
This means that as a Beverly Anns Cookie franchisee, you should expect to cover the expenses for routine maintenance, wear and tear, accidental damage, or any mechanical issues that are not a direct result of gross negligence or willful misconduct by Beverly Anns Cookie. Gross negligence and willful misconduct are high legal bars, so it would likely require a significant and intentional act or failure to act on the part of Beverly Anns Cookie that directly leads to the vehicle damage.
It is important for prospective franchisees to understand this allocation of responsibility, as GR Vehicle maintenance and repairs can be a significant ongoing expense. Franchisees should maintain detailed records of all maintenance and repairs performed on their GR Vehicle and any communications with Beverly Anns Cookie regarding vehicle issues. If a franchisee believes that damage to their GR Vehicle was caused by Beverly Anns Cookie's gross negligence or willful misconduct, they should consult with an attorney to determine their legal options.