Who bears the expense of remodeling and re-equipping a Burneys Sweets More franchise?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
ng. Franchisor reserves the right to require Franchisee to generally refurbish the Franchised Business and/or the Premises at Franchisee's expense, in order to conform to the building design, trade dress, color schemes and presentation of the Marks in a manner consistent with the then-current image for BURNEY'S SWEETS & MORE franchises, which include, without limitation, structural changes, installation of new materials and equipment, remodeling, redecoration, changing color schemes, and modifications and/or repairs to existing improvements. Such remodeling and re-equipping may include, without limitation, replacing worn out, obsolete, or dated equipment, fixtures, furnishings and signs;
structural modifications, redecorating; or purchasing more efficient or improved equipment. Franchisor may require Franchisee to perform remodeling and to purchase equipment at such times as Franchisor, in its sole discretion, deems necessary and reasonable; provided, that Franchisor may not require any remodeling requiring an expenditure in excess of Thirty Thousand Dollars ($30,000) during the first two (2) years of the Initial Term unless the expenditure is necessary for menu item production as determined by Franchisor. FRANCHISEE ACKNOWLEDGES THAT EQUIPMENT, ALTERATIONS AND RENOVATIONS REQUIRED BY FRANCHISOR MAY INVOLVE SUBSTANTIAL ADDITIONAL INVESTMENT BY FRANCHISEE DURING THE INITIAL TERM. In the event of Franchisee's delay, refusal, or failure to make repairs or modifications to the Premises as specified by this Section 10(c), Franchisor or its agents may enter the Premises, without further notice and without liability for trespass or other tort and with Franchisee's complete cooperation, and remove, repair, and/or replace, at Franchisee's expense, any items which do not conform to Franchisor's then-current standards and specifications or which are not in conformity with Franchisee's obligation to maintain the Franchised Business and the Premises in the highest degree of repair and condit
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, the franchisee is generally responsible for the expenses associated with remodeling and re-equipping their franchise location. Burneys Sweets More retains the right to mandate that franchisees refurbish their businesses and/or premises to align with the brand's current image. This includes changes to building design, trade dress, color schemes, and overall presentation. These changes may include structural modifications, new materials and equipment, remodeling, redecoration, and changes to color schemes.
This requirement extends to replacing outdated equipment, fixtures, furnishings, and signs, as well as purchasing more efficient or improved equipment. Burneys Sweets More has the discretion to determine when such remodeling and equipment purchases are necessary and reasonable. However, the franchisor cannot require remodeling expenses exceeding $30,000 during the first two years of the initial franchise term, unless the expenditure is deemed necessary for menu item production.
The Franchise Disclosure Document acknowledges that these required equipment upgrades, alterations, and renovations may involve substantial additional investment by the franchisee during the initial term. If a franchisee delays, refuses, or fails to make the required repairs or modifications, Burneys Sweets More has the right to enter the premises and perform the work at the franchisee's expense. This could significantly impact a franchisee's profitability and requires careful consideration of potential future costs.