What is the consequence of using unapproved advertising materials for Burneys Sweets More?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
You may develop advertising materials for your own use at your own cost. We encourage the sharing by franchisees of advertising ideas and materials. We require you to submit advertising and promotional materials to us in advance and to obtain our approval before using them. You are required to follow our instructions in connection with any advertising or promotional materials we provide for your use. (Franchise Agreement Section 8(g).) Failure to follow our instructions regarding pre-approval of advertising materials will result in fines. These fines will be as follows: 1 st infraction: $0, 2nd infraction: $100, and third or subsequent infraction: $500. Imposition of these fines will in no way waive our right to consider your use of unapproved advertising as a default-triggering event, such as that described at Franchise Agreement Section 17(c)(v).
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 25–33)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, franchisees must submit advertising and promotional materials for approval before use and follow any instructions provided by the franchisor. Failure to comply with these requirements will result in fines. The first infraction results in a $0 fine, the second infraction incurs a $100 fine, and the third or subsequent infractions will result in a $500 fine.
Importantly, Burneys Sweets More retains the right to consider the use of unapproved advertising as a default-triggering event, as described in Franchise Agreement Section 17(c)(v). This means that in addition to the fines, using unapproved advertising could potentially lead to further consequences, including termination of the franchise agreement.
This policy is fairly standard in franchising, as franchisors need to maintain brand consistency and ensure that all advertising aligns with their overall marketing strategy and legal requirements. The tiered fine structure provides a clear system of penalties for non-compliance, while also reserving the right for more serious action if the franchisee repeatedly violates the advertising guidelines.