What consent is required from Burneys Sweets More before changing possession of the Franchised Location?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
ised Location; and
- k. Franchised Location Possession. Prior to Closing and changing possession of the Franchised Location, Seller and Buyer shall obtain the written consent of Franchisor to change possession.
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- Waiver of Right of First Refusal. Franchisor hereby waives any right of first refusal to purchase the Interests as it may have pursuant to the Seller Franchise Agreement.
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- Release of Franchisor.
Source: Item 23 — RECEIPT (FDD pages 50–199)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, before a seller and buyer can change possession of a franchised location, they must obtain written consent from Burneys Sweets More. This requirement is in place to ensure that Burneys Sweets More maintains control over its brand and the quality of its franchise operations.
This stipulation means that if a franchisee plans to sell their Burneys Sweets More location to a new owner, they cannot simply transfer the location without Burneys Sweets More's explicit approval. Both the seller and the buyer must jointly seek and receive this written consent prior to finalizing the change in possession. This process allows Burneys Sweets More to vet the potential new franchisee and ensure they meet the brand's standards and qualifications.
Additionally, the buyer is required to provide Burneys Sweets More with copies of all loan documents or loan commitments related to financing the purchase of the franchised location. The Purchase Agreement also cannot be altered without Burneys Sweets More's prior written consent. These measures provide Burneys Sweets More with transparency into the financial aspects of the transfer and ensure that any changes to the agreement align with their interests and standards.