Besides royalties, what other amounts are due to Burneys Sweets More?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
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- (iii) Supplier Fees. If Franchisor or any of its affiliates is the designated supplier for any required product or service for the Shop, Franchisee shall pay Franchisor's or its affiliates' then-current rates for such products and services.
- (iv) Shared Fees. Franchisor reserves the right to have suppliers bill it or an affiliate for goods and services that benefit the network of BURNEY'S SWEETS & MORE franchisees. Franchisee agrees to pay Franchisor Franchisee's pro rata share of the costs and fees of these goods and services.
- (b) Franchisee Account. On each Due Date, Franchisee must pay Franchisor the fees set forth above, as well as any other amounts due to Franchisor under this Agreement or any other agreement between Franchisor and Franchisee. Franchisor may instead transfer these amounts due from the Franchisee's bank operating account ("Account"). If a transfer from Franchisee's Account is refused, an administrative fee of Twenty-Five Dollars ($25) may be assessed, as well as reimbursement to Franchisor of any fee its bank charges for uncollected deposit funds. If Franchisee has not reported Gross Sales to Franchisor for any fiscal period, Franchisor may transfer from the Account an amount equal to the average of the preceding three (3) months' Gross Sales. If, at any time, Franchisor determines that Franchisee has underreported its Gross Sales, or underpaid the Royalty or other amounts due to Franchisor under this Agreement, or any other agreement, Franchisor may initiate an immediate transfer from the Account in the appropriate amount in accordance with the foregoing procedure, including interest as provided in this Agreement. Any overpayment will be credited to the Account effective as of the first reporting date after Franchisor and Franchisee determine that such credit is due. Alternatively, Franchisor shall have the right in lieu of the Royalty report submission procedure outlined above to obtain the Gross Sales directly from electronic communication with Franchisee's point-of-sale system.
Franchisor may, but is not obligated to, require Franchisee to remit payment of the Royalty and other fees by electronic funds transfer ("EFT"). In connection with payment of the Royalty by EFT, Franchisee shall: (1) comply with procedures specified by Franchisor in the Brand Standards Manual; (2) perform those acts and sign and deliver those documents as may be necessary to accomplish payment by EFT as described in this Section 3; (3) give Franchisor an authorization in the form designated by Franchisor to initiate debit entries and/or credit correction entries to the Account for payments of the Royalty and other amounts payable under this Agreement, including any interest charges; (4) make sufficient funds available in the Account for withdrawal by EFT no later than the Due Date for payment thereof; and (5) maintain a single bank account to make all payments required by this Agreement. Franchisee must advise Franchisor at least fifteen (15) business days prior to any change in Franchisee's bank account or financial institution; no such change will be permitted without the prior written authorization of Franchisor.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, franchisees may owe several other payments besides royalties. Franchisees must pay Burneys Sweets More or its affiliates the current rates for any required products or services if Burneys Sweets More is the designated supplier. Franchisees are also responsible for their pro rata share of costs and fees for goods and services that benefit the entire Burneys Sweets More network, which Burneys Sweets More may bill to its franchisees.
If a franchisee's bank transfer is refused, Burneys Sweets More may assess a $25 administrative fee, along with reimbursement for any fees the bank charges Burneys Sweets More for uncollected funds. If a franchisee fails to report gross sales, Burneys Sweets More can transfer an amount equal to the average of the preceding three months' gross sales from the franchisee's account. Burneys Sweets More can also initiate an immediate transfer from the franchisee's account for any underreported gross sales or underpaid royalties, including interest.
Upon termination of the franchise agreement, Burneys Sweets More franchisees are responsible for paying all sums owed to Burneys Sweets More, including damages, costs, losses, and expenses, including reasonable attorneys' fees, resulting from the default and termination. Franchisees must also pay all subsequent damages, costs, and expenses, including reasonable attorneys' fees, incurred by Burneys Sweets More in obtaining injunctive or other relief for the enforcement of any term of the agreement. If Burneys Sweets More terminates the agreement due to the franchisee's default, the franchisee must pay liquidated damages calculated based on past royalty fees and brand fund contributions.