What actions are Burneys Sweets More franchisees required to take in the event of a Crisis?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall notify Franchisor immediately upon the occurrence of any situation that may have a significant negative impact on Franchisee, Franchisor, or the Franchised Business, or which could have a deleterious effect on the BURNEY'S SWEETS & MORE brand, Marks or System (a "Crisis").
Franchisee shall follow all of Franchisor's policies, procedures, and instructions in every such situation, including, without limitation, managing public relations and communications, as directed by Franchisor or as specified in the Brand Standards Manual, whether or not Franchisee has retained outside counsel or a public relations firm to assist with such matters.
A Crisis includes, but is not limited to, any event that occurs at or about the Shop or related to the Franchised Business that has or may cause harm or injury to customers or employees.
Examples include, but are not limited to, contagious diseases, food poisoning, food contamination, food spoilage, foodborne illness, cyber attacks, natural disasters, terrorist acts, shootings, or any other circumstance which may damage the System, Marks, or image or reputation of the Shop, the System or Franchisor.
Franchisee will cooperate fully with Franchisor with respect to Franchisor's response to the Crisis.
In the event of the occurrence of a Crisis, Franchisor may establish emergency procedures which may require Franchisee to temporarily close the Shop to the public, in which event Franchisor shall not be liable to Franchisee for any loss or costs, including consequential damages or lost profits occasioned thereby.
Franchisor will have the right to take control of the management of communications if Franchisor determines that the publicity surrounding the event is likely to have a material adverse effect on the reputation or goodwill of the Shop, Marks, System, or Franchisor.
Franchisee will obtain Franchisor's consent before any press releases, interviews or public statements are issued by Franchisee, or anyone on its behalf, about events that are likely to receive or are receiving significant negative public attention related to the Shop, Marks, System, or Franchisor.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, a franchisee must immediately notify the franchisor of any situation that could negatively impact the franchisee, franchisor, the franchised business, or the Burneys Sweets More brand. This includes situations that could harm customers or employees. Examples of a crisis include contagious diseases, food poisoning, cyber attacks, natural disasters, or any circumstance that may damage the System, Marks, or image or reputation of the Shop, the System or Franchisor.
Burneys Sweets More franchisees must adhere to all of the franchisor's policies, procedures, and instructions for managing public relations and communications during a crisis, as directed by the franchisor or specified in the Brand Standards Manual. Franchisees are obligated to fully cooperate with the franchisor's response to the crisis. The franchisor has the right to establish emergency procedures, potentially requiring the franchisee to temporarily close the shop to the public. However, the franchisor will not be liable for any losses or costs incurred by the franchisee due to the closure, including lost profits.
Furthermore, Burneys Sweets More retains the right to take control of communication management if the publicity surrounding the event could materially harm the reputation or goodwill of the shop, Marks, System, or Franchisor. Franchisees must obtain the franchisor's consent before issuing any press releases, interviews, or public statements about events that are likely to receive significant negative public attention related to the shop, Marks, System, or Franchisor.