Under what conditions can a Beverly Anns Cookie franchisee purchase additional equipment?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
d and confirmed.
IN WITNESS WHEREOF, the Parties have executed this Transfer Addendum as of the day and year first written above.
| [FULL ENTITY NAME] | MOBILE COOKIE COMPANY, LLC |
|---|---|
| By: [Signing Owner's Name] | By: Tony Lamb |
| Its: [Title of Signing Owner] | Its: CEO |
EXHIBIT H-12
SAMPLE ADDITIONAL EQUIPMENT AMENDMENT TO FRANCHISE AGREEMENT
This Amendment is made and entered into as of the effective date listed in the signature block ("Effective Date") by and between Mobile Cookie Company, LLC, a Delaware limited liability company ("Franchisor") and the Franchisee identified on the signature block below ("Franchisee"), with reference to the following facts:
- A. The parties have entered into a Beverly Ann's Cookies franchise agreement pursuant to which Franchisee will operate a Beverly Ann's Cookies Franchise ("Franchise Agreement").
- B. Subject to the conditions of the Franchise Agreement, Franchisee has the option to purchase additional Beverly Ann's Cookies equipment ("Additional Equipment") for use in the Franchisee's Protected Territory.
- C. The parties hereto desire to amend the Franchise Agreement as set forth herein. Unless defined herein, all capitalized terms used herein shall have the meaning in the Franchise Agreement.
NOW, THEREFORE, for and in consideration of the covenants, warranties, and mutual agreements contained herein, the parties hereto agree as follows:
- ADDITIONAL EQUIPMENT. Franchisee desires to purchase the following Additional Equipment for use in the Protected Territory and shall pay the Additional Equipment Royalty listed for such equipment under the Franchise Agreement and this Amendment for so long as Franchisee owns the Additional Equipment.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, a franchisee has the option to purchase additional equipment for use in their protected territory, subject to the conditions outlined in the Franchise Agreement. This is detailed in the sample Additional Equipment Amendment to the Franchise Agreement. The franchisee must also pay the additional equipment royalty listed for such equipment under the Franchise Agreement and this amendment for as long as the franchisee owns the additional equipment.
Before being excused from paying further additional equipment royalties, the franchisee must present evidence to Beverly Anns Cookie, as required by Beverly Anns Cookie in its sole discretion, that the franchisee no longer owns the additional equipment. The franchisee will not receive a refund on any additional equipment royalty paid. The additional equipment royalty may increase upon renewal of the Franchise Agreement, and the franchisee agrees to pay Beverly Anns Cookie the then-current royalty amount upon any such renewal.
For franchisees acquiring an already operating Beverly Ann's Cookies franchise via transfer, the franchisee has already acquired the truck and, if applicable, additional equipment under Section 13.13 of the Franchise Agreement upon transfer of the franchised business. If any equipment is required for the Assets as set forth in Section 13.13 of the Franchise Agreement, Franchisee agrees to purchase such items from Franchisor prior to operating the Assets.
For franchisees operating from a fixed location, the franchisee will also be required to purchase an initial inventory of Beverly Ann's Cookies equipment, uniforms, and supplies from Beverly Anns Cookie or its affiliates when they lease or purchase the premises. These payments are non-refundable.