What aspects of personnel management are the Burneys Sweets More franchisee's responsibility?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
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- (n) Crisis Situations. 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.
- (o) Change in Marital Status. All Owners, including any new Owners added during the Initial Term, and their spouses shall sign the personal guaranty, non-compete, non-solicit, and confidentiality agreements. If Franchisee or one of its Owners or guarantors has a change in marital status during the Initial Term and any applicable Renewal Term, Franchisee shall promptly inform Franchisor of that change and Franchisee agrees that any new spouse will sign Franchisor's form guaranty, non-compete, confidentiality and non-solicitation agreements.
(p) Books and Records; Financial Reporting.
- (i) Books and Records.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More FDD, franchisees have specific responsibilities regarding personnel management, particularly in crisis situations. If an event occurs at the shop that could harm customers or employees, such as contagious diseases, food poisoning, cyber attacks, or natural disasters, the franchisee must immediately notify Burneys Sweets More. The franchisee is then required to follow Burneys Sweets More's policies and instructions for managing public relations and communications during the crisis, even if they have hired outside help.
Burneys Sweets More will communicate information to the franchisee relating to the operation of a Burneys Sweets More shop, and to the extent necessary or pertinent to the operation of the shop, Burneys Sweets More's know-how, new developments, techniques and improvements in the areas of shop management, employee training, marketing and food preparation and service.
Burneys Sweets More retains the right to take control of communications if the publicity surrounding a crisis could negatively impact the brand's reputation. In such cases, the franchisee must obtain Burneys Sweets More's consent before issuing any public statements. While the FDD outlines these crisis management responsibilities, it does not detail the franchisee's day-to-day responsibilities for hiring, training, scheduling, and managing employees, indicating that these aspects are likely managed at the franchisee's discretion, within the brand standards set by Burneys Sweets More.