Who bears the expense of the employee training program at a Burneys Sweets More franchise?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
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 the 2025 Burneys Sweets More FDD, the franchisee is generally responsible for the expenses associated with employee training. While Burneys Sweets More will communicate information relating to employee training, if the 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 the franchisee its then-current training fee.
This means that while Burneys Sweets More provides a base level of training information, any additional or specialized training support requested by the franchisee will likely incur extra costs. The franchisee should factor in these potential training expenses when budgeting for the franchise. It is also important to note 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 the franchisor's experience, knowledge, and judgment.
Furthermore, if Burneys Sweets More incurs legal expenses while providing assistance to the franchisee with respect to issues like lease negotiations or other legal compliance matters, the franchisee is responsible for reimbursing Burneys Sweets More for those expenses immediately upon notice. This highlights the importance of carefully reviewing the franchise agreement and understanding the scope of support provided by Burneys Sweets More, as well as the potential costs associated with additional assistance.