What assistance does Burneys Sweets More provide in choosing the Franchised Location?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
Until such time as the Location is identified and agreed upon in the Franchise Rider or in the Site Selection Acceptance Letter (as defined in the Franchise Rider), no Territory will be granted to Franchisee and Franchisor shall have the right to locate other franchises anywhere Franchisor determines without interfering with any territorial rights of Franchisee.
If Franchisee requests advice, information, or assistance at a level greater than what is provided to other franchisees, Franchisor reserves the right to charge Franchisee its then-current training fee; and
- (vii) Information. Franchisor shall communicate to Franchisee information relating to the operation of a BURNEY'S SWEETS & MORE Shop, and to the extent necessary or pertinent to the operation of the Shop, Franchisor's know-how, new developments, techniques and improvements in the areas of Shop management, employee training, marketing and food preparation and service.
- (b) Legal Expenses. Franchisor may in certain situations incur legal expenses while providing assistance to Franchisee with respect to, without limitation, lease negotiations, or other legal compliance issues. Such assistance may be at the request of Franchisee or required by Franchisor and may be provided by Franchisor in-house or by outside counsel; provided however, that Franchisor shall have the sole discretion as to whether or not to provide legal assistance. In the event Franchisor does incur legal expenses on behalf of Franchisee, Franchisee shall reimburse Franchisor for such expenses immediately upon notice from Franchisor. Franchisor may, at its option, be reimbursed by EFT.
- (c) Acknowledgement. FRANCHISEE AGREES THAT FRANCHISOR IS NOT OBLIGATED TO PROVIDE ANY TRAINING OR ASSISTANCE TO FRANCHISEE'S PARTICULAR LEVEL OF SATISFACTION, BUT AS A FUNCTION OF FRANCHISOR'S EXPERIENCE, KNOWLEDGE AND JUDGMENT. FRANCHISEE ALSO ACKNOWLEDGES THAT FRANCHISOR IS NOT OBLIGATED TO PROVIDE ANY SERVICES TO FRANCHISEE THAT ARE NOT SET FORTH IN THIS AGREEMENT. IF FRANCHISEE BELIEVES FRANCHISOR HAS FAILED TO ADEQUATELY PROVIDE ANY PRE-OPENING SERVICES TO FRANCHISEE, WHETHER WITH RESPECT TO SITE SELECTION, SELECTION AND PURCHASE OF EQUIPMENT AND SUPPLIES, TRAINING, OR ANY OTHER MATTER AFFECTING THE ESTABLISHMENT OF FRANCHISEE'S SHOP, FRANCHISEE MUST NOTIFY FRANCHISOR IN WRITING WITHIN THIRTY (30) DAYS FOLLOWING THE OPENING OF FRANCHISEE'S SHOP OR FRANCHISEE WILL BE DEEMED TO CONCLUSIVELY ACKNOWLEDGE THAT ANY AND ALL PRE-OPENING SERVICES REQUIRED TO BE PROVIDED BY FRANCHISOR WERE SUFFICIENT AND SATISFACTORY IN FRANCHISEE'S JUDGMENT, AND COMPLIANT WITH ALL REPRESENTATIONS MADE TO FRANCHISEE. IF FRANCHISEE FAILS TO SO NOTIFY FRANCHISOR, FRANCHISEE WILL BE DEEMED TO HAVE WAIVED ALL CLAIMS RELATING TO OR ARISING FROM FRANCHISOR'S OBLIGATIONS TO PROVIDE PRE-OPENING ASSISTANCE.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, the franchisor does not grant a territory to the franchisee until the location is identified and agreed upon in the Franchise Rider or the Site Selection Acceptance Letter. Until this agreement, Burneys Sweets More retains the right to locate other franchises as they determine without interfering with any territorial rights of the franchisee.
Burneys Sweets More communicates information 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. If a franchisee requests advice, information, or assistance at a level greater than what is provided to other franchisees, Burneys Sweets More reserves the right to charge its then-current training fee.
Burneys Sweets More may incur legal expenses while providing assistance to a franchisee with respect to lease negotiations, or other legal compliance issues. Such assistance may be at the request of the franchisee or required by Burneys Sweets More and may be provided by in-house or outside counsel; however, Burneys Sweets More has the sole discretion as to whether or not to provide legal assistance. In the event Burneys Sweets More incurs legal expenses on behalf of the franchisee, the franchisee will reimburse Burneys Sweets More for such expenses immediately upon notice from Burneys Sweets More.
It is important for prospective franchisees to understand that Burneys Sweets More is not obligated to provide any training or assistance to the franchisee's particular level of satisfaction, but as a function of Burneys Sweets More's experience, knowledge and judgment. Franchisees also acknowledge that Burneys Sweets More is not obligated to provide any services to franchisees that are not set forth in the Franchise Agreement. If a franchisee believes Burneys Sweets More has failed to adequately provide any pre-opening services, whether with respect to site selection, selection and purchase of equipment and supplies, training, or any other matter affecting the establishment of the franchisee's shop, the franchisee must notify Burneys Sweets More in writing within thirty (30) days following the opening of the franchisee's shop or the franchisee will be deemed to conclusively acknowledge that any and all pre-opening services required to be provided by Burneys Sweets More were sufficient and satisfactory in the franchisee's judgment, and compliant with all representations made to the franchisee. If the franchisee fails to so notify Burneys Sweets More, the franchisee will be deemed to have waived all claims relating to or arising from Burneys Sweets More's obligations to provide pre-opening assistance.