What assets of the franchisee are included in the security interest granted to Burneys Sweets More?

According to the 2025 Burneys Sweets More FDD, any security interest and/or landlord's lien in the franchisee's trade fixtures, trade dress, signage, equipment, and other personal property is subordinated to any security interest and pledge granted to Burneys Sweets More in such items.

In practical terms, this means that if a franchisee takes out a loan to finance the purchase of these items, and Burneys Sweets More also has a security interest in them, Burneys Sweets More's interest takes priority. Similarly, if the landlord of the premises has a lien on these items, Burneys Sweets More's security interest comes first.

This is a fairly standard practice in franchising, as it protects the franchisor's investment in the brand and system. It is important for prospective franchisees to understand the implications of this clause before signing the franchise agreement, as it could affect their ability to obtain financing or sell the business.