Does Burneys Sweets More assume responsibility for malfunctions or crashes of the Computer Systems?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges and agrees that Franchisor shall have no responsibility under any circumstances for any malfunction or "crash" of any Computer System provided by or approved by Franchisor, including, but not limited to, for any data lost as a result of such malfunction or "crash."
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, the franchisee bears the responsibility for computer system malfunctions or crashes. Burneys Sweets More explicitly states that it has no responsibility for any malfunction or "crash" of any computer system that it provides or approves. This includes any data lost as a result of such issues.
This means that as a Burneys Sweets More franchisee, you are responsible for the acquisition, operation, maintenance, and upgrading of the computer systems used in your franchise. You are also responsible for how these systems interface with Burneys Sweets More's systems or those of any third parties. Any failure to properly operate, maintain, and upgrade the computer systems, and any consequences thereof, are the franchisee's sole responsibility.
Furthermore, franchisees are prohibited from installing unauthorized software or making modifications to the computer systems that could interfere with their operation as required by Burneys Sweets More. This reinforces the franchisee's responsibility to maintain the computer systems in accordance with the franchisor's standards, while also highlighting the limitations placed on the franchisee's ability to alter those systems.