Under what conditions can Beverly Anns Cookie unilaterally reduce the scope of a Brand Covenant?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
We have the right, in our sole discretion, to unilaterally reduce the scope of all or part of any Brand Covenant without your consent (before or after any dispute arises), effective when we give you written notice of this reduction and you agree to comply with any modifications to the Brand Covenants .
Source: Item 23 — RECEIPTS (FDD pages 57–235)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, Beverly Anns Cookie has the right to unilaterally reduce the scope of all or part of any Brand Covenant under specific conditions. This reduction can occur without the franchisee's consent, either before or after a dispute arises.
However, this right is not absolute. The reduction becomes effective only when Beverly Anns Cookie provides the franchisee with written notice of the change. Furthermore, the franchisee must agree to comply with any modifications to the Brand Covenants for the reduction to take effect.
This clause gives Beverly Anns Cookie flexibility to adjust the Brand Covenants as needed, but it also requires them to inform the franchisee in writing and secure the franchisee's agreement to the changes. This ensures that franchisees are aware of any modifications to the non-compete provisions and agree to abide by them.