Is Burneys Sweets More bound by the policies it adopts to guide its decision-making?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
- (n) Crisis Situations.
Franchisee shall notify Franchisor immediately upon the occurrence of any situation that may have a significant negative impact on Franchisee, Franchisor, or the Franchised Business, or which could have a deleterious effect on the BURNEY'S SWEETS & MORE brand, Marks or System (a "Crisis").
Franchisee shall follow all of Franchisor's policies, procedures, and instructions in every such situation, including, without limitation, managing public relations and communications, as directed by Franchisor or as specified in the Brand Standards Manual, whether or not Franchisee has retained outside counsel or a public relations firm to assist with such matters.
A Crisis includes, but is not limited to, any event that occurs at or about the Shop or related to the Franchised Business that has or may cause harm or injury to customers or employees.
Examples include, but are not limited to, contagious diseases, food poisoning, food contamination, food spoilage, foodborne illness, cyber attacks, natural disasters, terrorist acts, shootings, or any other circumstance which may damage the System, Marks, or image or reputation of the Shop, the System or Franchisor.
Franchisee will cooperate fully with Franchisor with respect to Franchisor's response to the Crisis.
In the event of the occurrence of a Crisis, Franchisor may establish emergency procedures which may require Franchisee to temporarily close the Shop to the public, in which event Franchisor shall not be liable to Franchisee for any loss or costs, including consequential damages or lost profits occasioned thereby.
Franchisor will have the right to take control of the management of communications if Franchisor determines that the publicity surrounding the event is likely to have a material adverse effect on the reputation or goodwill of the Shop, Marks, System, or Franchisor.
Franchisee will obtain Franchisor's consent before any press releases, interviews or public statements are issued by Franchisee, or anyone on its behalf, about events that are likely to receive or are receiving significant negative public attention related to the Shop, Marks, System, or Franchisor.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Burneys Sweets More franchisees are required to adhere to the franchisor's policies, procedures, and instructions, especially during crisis situations. Franchisees must immediately notify the franchisor of any situation that could negatively impact the franchise, the franchisor, or the Burneys Sweets More brand.
In such situations, franchisees must follow all directives from Burneys Sweets More, including those related to public relations and communications, as outlined in the Brand Standards Manual. This obligation applies regardless of whether the franchisee has hired outside counsel or a PR firm. Examples of crises include events causing harm to customers or employees, such as contagious diseases, food-related issues, cyber attacks, natural disasters, or any circumstance damaging the brand's image.
Burneys Sweets More has the right to establish emergency procedures, potentially requiring the temporary closure of a shop, without liability for any resulting losses to the franchisee. Furthermore, the franchisor can take control of communications management if the publicity surrounding an event could harm the brand's reputation. Franchisees must obtain the franchisor's consent before issuing any public statements about events receiving negative attention related to the shop, brand, or franchisor.
This demonstrates that Burneys Sweets More maintains control over key decision-making processes, particularly during critical events, and franchisees are bound by the franchisor's policies and instructions. This ensures brand consistency and protection of the Burneys Sweets More system's reputation.