What acknowledgment regarding employment must a Burneys Sweets More franchisee obtain from each employee?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees not to, and to use its best efforts to cause its current and former shareholders, officers, directors, principals, agents, partners, employees, representatives, attorneys, spouses, and successors and assigns not to, disparage or otherwise speak or write negatively, directly or indirectly, of Franchisor or Franchisor Affiliates or their respective current and former agents, principals, officers, directors, shareholders, members, employees, franchisees, representatives, area directors, attorneys, parents, predecessors, affiliates, subsidiaries divisions, and successors and assigns, the BURNEY'S SWEETS & MORE brand, the BURNEY'S SWEETS & MORE system, or any other service-marked or trademarked concept of Franchisor, or which would subject the BURNEY'S SWEETS & MORE brand to ridicule, scandal, reproach, scorn, or indignity or which would negatively impact the goodwill of Franchisor or its brand.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
Based on the 2025 Burneys Sweets More Franchise Disclosure Document, franchisees must ensure that their current and former shareholders, officers, directors, principals, agents, partners, employees, representatives, attorneys, spouses, successors, and assigns do not disparage Burneys Sweets More. This includes refraining from speaking or writing negatively, directly or indirectly, about Burneys Sweets More, its affiliates, or any service-marked or trademarked concept of the company. The aim is to prevent any actions that could subject the brand to ridicule, scandal, or negatively impact its goodwill.
This requirement extends to using best efforts to prevent disparagement from the specified individuals and entities. The non-disparagement clause covers a broad range of potential detractors, emphasizing the importance Burneys Sweets More places on protecting its brand reputation. Franchisees are responsible for managing the behavior of those affiliated with their business to ensure compliance with this clause.
The agreement specifies that disparaging remarks or actions can lead to legal repercussions, as they are a breach of contract. This clause is designed to protect Burneys Sweets More from negative publicity and maintain a positive brand image. Franchisees should ensure that all relevant parties are aware of this obligation to avoid potential legal issues.