Under what condition can Beverly Anns Cookie transfer its contractual obligations to a third party?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
This Franchise Agreement is fully assignable by us (without prior notice to you) and shall inure to the benefit of any assignee(s) or other legal successor(s) to our interest in this Franchise Agreement; provided that we shall, subsequent to any such assignment, remain liable for the performance of our obligations under this Franchise Agreement up to the effective date of the assignment. We may also delegate some or all of our obligations under this Franchise Agreement to one or more designees without assigning this Franchise Agreement.
We may change our ownership or form and/or assign this Franchise Agreement and any other agreement to a third party without restriction. After our assignment of this Franchise Agreement to a third party who expressly assumes the obligations under this Franchise Agreement, we no longer will have any performance or other obligations under this Franchise Agreement.
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, the franchise agreement is fully assignable by Beverly Anns Cookie without prior notice to the franchisee. This means Beverly Anns Cookie can transfer its rights and obligations under the franchise agreement to another party without needing the franchisee's consent. However, Beverly Anns Cookie remains liable for its obligations up to the effective date of the assignment.
Beverly Anns Cookie may also delegate some or all of its obligations to one or more designees without actually assigning the entire franchise agreement. Additionally, Beverly Anns Cookie can change its ownership or form, or assign the agreement to a third party without any restrictions.
If Beverly Anns Cookie assigns the franchise agreement to a third party who expressly assumes the obligations, Beverly Anns Cookie will no longer have any performance or other obligations under the agreement after the assignment. This is a crucial point for prospective franchisees to understand, as it clarifies the extent of Beverly Anns Cookie's ongoing responsibility after such a transfer.