What aspects of owner’s participation/management/staffing are detailed in the Burneys Sweets More Franchise Agreement?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
We encourage but do not require you to personally supervise the franchised business, and prefer to select franchisees who favor and appear committed to a "hands on" and well-informed approach to the business. We strongly recommend that you devote a substantial amount of time to your BURNEY'S SWEETS & MORE Shop, whether or not you hire a manager. Franchisees who do not devote their full time and efforts to the establishment and operation of their Shops may have lower gross sales, higher operating costs and lesser name recognition in their areas than those franchisees who do devote their full efforts to the business. Examples of the types of functions which you might perform include supervision of employees, inventory checks, review of sales and food costs, bookkeeping and all reasonable efforts to ensure smooth and efficient operations.
The business must be directly supervised and managed by a person, identified to us and accepted by us, who has successfully completed our training program and passed a background check or for whom, based on his or her experience, we have waived these requirements
("Operations Manager"). The Operations Manager maybe you, if you are an individual, or a principal, if you are a legal entity. We do not require that your Operating Managers have any equity in the franchisee entity or receive any percentage of your revenues or profits. Your Operations Manager must be accepted by us and must execute a confidentiality and non-competition agreement similar to the one you will execute if you purchase a franchise from us.
All owners, officers, and owners' spouses must sign our form of non-competition, nonsolicit, and non-disclosure agreements. Owners and spouses will sign personal guarantees.
You are responsible for ensuring that your employees comply with the brand standards. The people you retain to work in your Shop will be your agents and employees. They are not our agents or employees and we are not a joint employer of such persons. You will be solely responsible for recruiting and hiring the persons you employ to operate your Shop and must determine whom to hire, how many people to hire, retain, and train, and how you will compensate such persons. You are responsible for your employees' and agents' training, wages, taxes, benefits, safety, schedules, work condition, assignments, discipline, and termination. You must comply with all applicable employment laws. We will not operate your Shop, direct your employees, or oversee your employment policies or practices.
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 23–25)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More FDD, while personal supervision is encouraged, it is not mandated. Burneys Sweets More prefers franchisees who are committed to a "hands on" approach. The FDD states that franchisees who devote their full time and effort may experience higher gross sales, lower operating costs and greater name recognition. Examples of functions the franchisee might perform include supervising employees, checking inventory, reviewing sales and food costs, and bookkeeping.
The Burneys Sweets More business must be directly supervised and managed by an Operations Manager who has completed the Burneys Sweets More training program and passed a background check, or for whom these requirements have been waived based on experience. The Operations Manager can be the franchisee or a principal if the franchisee is a legal entity. Burneys Sweets More does not require the Operations Manager to have equity in the franchisee entity or receive a percentage of revenues or profits. The Operations Manager must be accepted by Burneys Sweets More and must sign a confidentiality and non-competition agreement.
Franchisees are responsible for ensuring that their employees comply with brand standards. The people working in the Burneys Sweets More shop are the franchisee's agents and employees, not Burneys Sweets More's. The franchisee is solely responsible for recruiting, hiring, retaining, training, and compensating employees, and must comply with all applicable employment laws. Burneys Sweets More will not operate the shop, direct employees, or oversee employment policies or practices. All owners, officers, and owners' spouses must sign non-competition, non-solicit, and non-disclosure agreements and personal guarantees.