Is Burneys Sweets More allowed to refuse consent to add a party to an action?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
xhibit L – Receipt
| JURY TRIAL AND CLASS ACTION WAIVER. FRANCHISOR AND | |
|---|---|
| FRANCHISEE (AND FRANCHISEE’S OWNERS, AFFILIATES, AND GUARANTORS, | |
| IF APPLICABLE) IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION | |
| BROUGHT BY FRANCHISOR (AND ITS AFFILIATES, IF APPLICABLE) AND | |
| FRANCHISEE (AND FRANCHISEE’S OWNERS, AFFILIATES, AND GUARANTORS, | |
| IF APPLICABLE). NEITHER FRANCHISEE (AND FRANCHISEE’S OWNERS, | |
| AFFILIATES, AND GUARANTORS, IF APPLICABLE) NOR FRANCHISOR SHALL | |
| SEEK TO BRING AN ACTION AGAINST ANY OF THE OTHER PARTIES EITHER AS | |
| A REPRESENTATIVE OF, OR ON BEHALF OF, ANY OTHER PERSON, CLASS, OR | |
| ENTITY. NO ACTION SHALL ADD AS A PARTY, BY CONSOLIDATION, JOINDER, | |
| OR IN ANY OTHER MANNER, ANY PERSON OR PARTY OTHER THAN | |
| FRANCHISEE (AND FRANCHISEE’S OWNERS, AFFILIATES, AND GUARANTORS, | |
| IF APPLICABLE) AND FRANCHISOR (AND ITS AFFILIATES, IF APPLICABLE) AND | |
| ANY PERSON IN PRIVITY WITH, OR CLAIMING THROUGH, IN THE RIGHT OF, | |
| OR ON BEHALF OF, THEM, UNLESS BOTH FRANCHISEE AND FRANCHISOR | |
| CONSENT IN WRITING. FRANCHISOR HAS THE ABSOLUTE RIGHT TO REFUSE | |
| SUCH CONSENT. FRANCHISEE (AND ITS OWNERS, GUARANTORS, AND | |
| AFFILIATES, AS APPLICABLE) AGREES AND ACKNOWLEDGES THAT ANY | |
| ACTION WILL BE CONSIDERED UNIQUE ON ITS FACTS AND SHALL NOT BE | |
| BROUGHT AS A CLASS OR GROUP ACTION. FRANCHISEE (AND ITS OWNERS, | |
| GUARANTORS, AND AFFILIATES, AS APPLICABLE) MAY NOT BRING ANY | |
| ACTION ON A CLASS-WIDE BASIS (OR JOIN ANY THIRD-PARTY CLAIM). |
Source: Item 23 — RECEIPT (FDD pages 50–199)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, Burneys Sweets More has the right to refuse consent to add a party to an action. The FDD states that no action shall add as a party any person other than the franchisee (and their owners, affiliates, and guarantors) and franchisor (and its affiliates), unless both franchisee and franchisor consent in writing. Furthermore, Burneys Sweets More retains the absolute right to refuse such consent.
This clause means that as a franchisee, you are restricted from consolidating or joining other parties in any legal action against Burneys Sweets More without their explicit written approval. This includes preventing you from bringing a class action lawsuit against the franchisor.
This provision protects Burneys Sweets More from being involved in complex legal disputes with multiple parties, giving them greater control over legal proceedings. However, it limits a franchisee's ability to collectively address issues with other franchisees, potentially increasing the individual legal costs and risks for the franchisee.