Under what condition does Beverly Anns Cookie grant the Fixed Location Business to the franchisee?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
h is referred to in the Franchise Agreement as a "Fixed Location Business;" and
WHEREAS, Franchisor and Franchisee desire to modify the Franchise Agreement consistent with the operation of a Fixed Location Business in tandem with the Mobile Business pursuant to and in accordance with the terms of this Amendment.
Capitalized terms not defined herein shall have the meaning set forth in the Franchise Agreement.
NOW THEREFORE, in consideration of the mutual agreements, covenants and promises contained in this Amendment and for mutual consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the parties agree as follows:
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- RECITALS. The Recitals set forth above are hereby incorporated into the terms of this Amendment as if fully restated herein.
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- FIXED LOCATION BUSINESS. Upon execution of this Amendment, Franchisee is hereby granted the right to operate a Fixed Location Business in tandem with the existing Mobile Business under the Franchise Agreement. The Mobile Business shall remain in full force and effect and all references to the GRM/GRT shall be unaffected unless modified by this Amendment.
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- PREMISES AND PREMISES STANDARDS. A new Section 13.14 is hereby appended to the Franchise Agreement which is hereby amended to include the following in connection with the Fixed Location Business:
- 13.14 Premises and Premises Standards. The Parties acknowledge and agree that the Franchise Agreement shall be for both the Fixed Location Business and the GRM/GRT. The site of the Fixed Location Business shall be: [insert address] (the "Premises"). Franchisee may only operate the Fixed Location Business from the Premises and may not relocate the Fixed Location Business without the written consent of Franchisor which it may withhold in its sole discretion. You may not utilize any other Premises in the operation of your Franchised Business, and the Premises must only be used for the operation of your Franchised Business and not for any other purpose.
You agree to comply with all applicable zoning, land use, and other legal requirements, as well as obtain all necessary permits, licenses, and approvals required to operate from a fixed location at your sole expense. You must operate your Fixed Location Business in accordance with any fixed location policies,
procedures, and standards set forth in our Brand Manual.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, a franchisee is granted the right to operate a Fixed Location Business in tandem with their existing Mobile Business upon the execution of an amendment to the Franchise Agreement. This amendment modifies the original agreement to accommodate the operation of a Fixed Location Business alongside the Mobile Business.
The franchisee must operate the Fixed Location Business from a specific, approved location (the Premises), which is detailed in the amendment. The franchisee cannot relocate without Beverly Anns Cookie's written consent, which Beverly Anns Cookie may withhold at its discretion. The franchisee must also comply with all applicable zoning, land use, and legal requirements, and obtain all necessary permits and licenses at their own expense.
Furthermore, the franchisee is required to operate the Fixed Location Business in accordance with Beverly Anns Cookie's fixed location policies, procedures, and standards as outlined in the Brand Manual. The franchisee acknowledges that the details of their Fixed Location Business may vary based on local requirements and may not be identical to other franchisees' locations. If modifications to the premises are necessary to comply with local laws, the franchisee may be required to pay a fee to Beverly Anns Cookie or its affiliates for these modifications. The franchisee will also need to purchase an initial inventory of Beverly Ann's Cookies equipment, uniforms, and supplies from Beverly Anns Cookie or its affiliates, which are non-refundable payments.