Who bears the expenses associated with changes to the Marks for a Burneys Sweets More franchise?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor has the right to change, revise, or substitute different Marks for use in identifying the System, the Shop, and the products sold or offered for sale through the Shop, if Franchisor, in its sole discretion, determines that change, revision, or substitution of different Marks will be beneficial to the System.
In such circumstances, the use of the substitute proprietary marks shall be governed by the terms of this Agreement.
Franchisee shall comply with each such change, revision, or substitution and bear all expenses associated therewith.
In the event that a court of competent jurisdiction should order, or if Franchisor in its sole discretion should deem it necessary or advisable, Franchisee shall modify or discontinue use of any Mark.
Franchisee shall comply with Franchisor's directions regarding any such Mark within thirty (30) days after receipt of notice from Franchisor or, if such modification or discontinuance is court-ordered, immediately.
Franchisor shall not be obligated to compensate Franchisee for any costs or expenses incurred by Franchisee in connection with any such modification or discontinuance.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, the franchisee is responsible for all expenses associated with changes, revisions, or substitutions of different Marks. This means that if Burneys Sweets More decides to update its logos, branding, or other proprietary marks, the franchisee must bear the costs of implementing these changes at their location.
This obligation extends to complying with any changes, revisions, or substitutions of different Marks that Burneys Sweets More deems beneficial to the system. Additionally, if a court orders or Burneys Sweets More deems it necessary to modify or discontinue the use of any Mark, the franchisee must comply with these directions and is not entitled to compensation for any costs incurred during the modification or discontinuance. The franchisee must implement these changes within thirty days of notice from Burneys Sweets More or immediately if the change is court-ordered.
For a prospective Burneys Sweets More franchisee, this could mean unexpected costs if the franchisor decides to rebrand or update its image. These costs could include new signage, marketing materials, and other items bearing the updated Marks. Franchisees should factor in these potential expenses when evaluating the financial feasibility of investing in a Burneys Sweets More franchise. It is important to note that this is a fairly standard clause in most franchise agreements, as franchisors need the ability to maintain brand consistency across all locations.