Who benefits from the Rider agreement related to a Burneys Sweets More franchise?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
This Rider is binding and shall inure to the benefit of Landlord, Tenant, and Franchisor, any parent, subsidiary or affiliated company of Franchisor, or another BURNEY'S SWEETS & MORE franchisee, their assigns, and successors-in-interest.
Franchisor, any parent, subsidiary or affiliated company of Franchisor, or another BURNEY'S SWEETS & MORE franchisee are intended beneficiaries of this Rider, provided Franchisor shall have no liability for any of Tenant's obligations under the Form Lease.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, the Rider agreement is designed to benefit several parties involved in the franchise operation. Specifically, the Rider is binding and extends to the benefit of the Landlord, the Tenant (franchisee), and Burneys Sweets More (the Franchisor). This also includes any parent, subsidiary, or affiliated company of Burneys Sweets More, as well as other Burneys Sweets More franchisees, their assigns, and successors-in-interest.
Burneys Sweets More, its parent companies, subsidiaries, affiliated companies, and other franchisees are considered intended beneficiaries of this Rider. However, it's important to note that Burneys Sweets More assumes no liability for any of the tenant's obligations under the Form Lease. This indicates that while Burneys Sweets More benefits from the Rider's provisions, the franchisee (Tenant) remains primarily responsible for fulfilling the lease terms.
In practical terms, this multi-party benefit structure ensures that all key stakeholders have aligned interests and protections related to the franchise location. For a prospective Burneys Sweets More franchisee, this means the lease agreement is structured to support the franchise operation while also protecting the interests of the landlord and the franchisor. However, the franchisee should carefully review the Form Lease to fully understand their obligations as a tenant, as Burneys Sweets More will not be liable for those obligations.