How may the advice and information from Burneys Sweets More be rendered to the franchisee?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
on. If Franchisee requests
advice, information, or assistance at a level greater than what is provided to other franchisees, Franchisor reserves the right to charge Franchisee its then-current training fee; and
- (vii) Information. Franchisor shall communicate to Franchisee information relating to the operation of a BURNEY'S SWEETS & MORE Shop, and to the extent necessary or pertinent to the operation of the Shop, Franchisor's know-how, new developments, techniques and improvements in the areas of Shop management, employee training, marketing and food preparation and service.
- (b) Legal Expenses. Franchisor may in certain situations incur legal expenses while providing assistance to Franchisee with respect to, without limitation, lease negotiations, or other legal compliance issues. Such assistance may be at the request of Franchisee or required by Franchisor and may be provided by Franchisor in-house or by outside counsel; provided however, that Franchisor shall have the sole discretion as to whether or not to provide legal assistance. In the event Franchisor does incur legal expenses on behalf of Franchisee, Franchisee shall reimburse Franchisor for such expenses immediately upon notice from Franchisor. Franchisor may, at its option, be reimbursed by EFT.
- (c) Acknowledgement. FRANCHISEE AGREES THAT FRANCHISOR IS NOT OBLIGATED TO PROVIDE ANY TRAINING OR ASSISTANCE TO FRANCHISEE'S PARTICULAR LEVEL OF SATISFACTION, BUT AS A FUNCTION OF FRANCHISOR'S EXPERIENCE, KNOWLEDGE AND JUDGMENT. FRANCHISEE ALSO ACKNOWLEDGES THAT FRANCHISOR IS NOT OBLIGATED TO PROVIDE ANY SERVICES TO FRANCHISEE THAT ARE NOT SET FORTH IN THIS AGREEMENT.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, the franchisor will communicate information relating to the operation of a Burneys Sweets & More shop. This communication will include know-how, new developments, techniques, and improvements in areas such as shop management, employee training, marketing, and food preparation and service, to the extent necessary or pertinent to the operation of the shop.
However, Burneys Sweets More reserves the right to charge its then-current training fee if a franchisee requests advice, information, or assistance at a level greater than what is provided to other franchisees. This implies that while basic support is included, more extensive or personalized assistance may incur additional costs for the franchisee.
Furthermore, the franchisee acknowledges that Burneys Sweets More is not obligated to provide training or assistance to the franchisee's particular level of satisfaction, but as a function of the franchisor's experience, knowledge and judgment. The franchisee also acknowledges that Burneys Sweets More is not obligated to provide any services to the franchisee that are not set forth in the agreement. If the franchisee believes Burneys Sweets More has failed to adequately provide any pre-opening services, the franchisee must notify Burneys Sweets More in writing within thirty (30) days following the opening of the franchisee's shop or the franchisee will be deemed to conclusively acknowledge that any and all pre-opening services required to be provided by Burneys Sweets More were sufficient and satisfactory in franchisee's judgment, and compliant with all representations made to franchisee. If the franchisee fails to so notify Burneys Sweets More, the franchisee will be deemed to have waived all claims relating to or arising from Burneys Sweets More's obligations to provide pre-opening assistance.