What is the condition for Burneys Sweets More to have the immediate right to possession and use of the Collateral?

According to the 2025 Burneys Sweets More FDD, Burneys Sweets More's right to the assignment of telephone numbers, directory listings, email addresses, and online presences is for collateral purposes only. Burneys Sweets More will not have any liability or obligation arising from the franchisee's use of these listings until Burneys Sweets More notifies the relevant providers (telephone company, listing agencies, internet service providers) to effectuate the assignment. This notification would occur upon the termination, expiration, or nonrenewal of the Franchise Agreement without renewal.

This means that while the franchisee operates under the Burneys Sweets More franchise, they maintain control and responsibility for these assets. However, in the event the franchise agreement ends (through termination, expiration, or nonrenewal), Burneys Sweets More has the right to take over these assets to ensure a smooth transition and maintain brand consistency.

This arrangement protects Burneys Sweets More's brand identity and customer relationships by allowing them to control key communication channels after a franchise agreement ends. For a franchisee, it highlights the importance of building a strong local presence while understanding that certain digital assets will revert to the franchisor upon the agreement's conclusion.