What agreement is referenced in the Burneys Sweets More Addendum?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
ENT
This Assignment Agreement (the "Assignment") is made, and entered into, between DMG BURNEY, INC., a North Carolina corporation ("Franchisor") and the undersigned Franchisee ("Franchisee").
RECITALS
- A. Franchisor and Franchisee have entered into a Franchise Agreement dated __________________ (the "Franchise Agreement"), pursuant to which Franchisee was granted the right to operate a BURNEY'S SWEETS & MORE franchised Shop; and
- B. It is the desire of and in the best interests of Franchisor and the BURNEY'S SWEETS & MORE system that in the event the Franchise Agreement terminates, expires, or is not renewed, the telephone numbers, telephone directory listings, internet addresses, and social media accounts used by Franchisee in connection with the operation of its BURNEY'S SWEETS & MORE franchised business are assigned to Franchisor.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing and Franchisor agreeing to enter into the Franchise Agreement, Franchisor and Franchisee agree as follows:
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, the addendum references the Franchise Agreement. Specifically, the Assignment Agreement is made between DMG BURNEY, INC. (Franchisor) and the Franchisee and references a previously established Franchise Agreement.
The addendum states that the Franchise Agreement grants the franchisee the right to operate a Burneys Sweets More franchised shop. The purpose of the Assignment Agreement is to ensure that upon termination, expiration, or non-renewal of the Franchise Agreement, the telephone numbers, directory listings, internet addresses, and social media accounts used by the franchisee are assigned to the Franchisor.
This agreement protects Burneys Sweets More's brand identity and customer reach by ensuring control over key communication channels. For a prospective franchisee, this means that upon leaving the system, they must relinquish all digital assets associated with the Burneys Sweets More brand, ensuring a clean break and preventing potential confusion or misuse of the brand's online presence.