For Burneys Sweets More, what is considered an 'Expiration Date'?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
18. Obligations upon Termination, Expiration, or Non-renewal.
Upon termination, expiration, or non-renewal of this Agreement, regardless of such reason for termination, expiration, or non-renewal, all rights granted hereunder to Franchisee shall terminate and revert to Franchisor, and Franchisee shall have the following obligations:
- (a) Cease to Operate. Franchisee shall immediately cease to operate the business licensed under this Agreement, and shall not thereafter, directly or indirectly, represent to the public or hold itself out as a BURNEY'S SWEETS & MORE franchisee with respect to such business.
- (b) Cease to use Information. Franchisee shall immediately and permanently cease to use, in any manner whatsoever, all confidential information, methods, procedures and techniques used by or associated with the System, and the proprietary mark BURNEY'S SWEETS & MORE and all other Marks and distinctive forms, slogans, signs, symbols, logos, trade dress, décor, branding materials and devices associated with the BURNEY'S SWEETS & MORE Chain.
- (c) Return Franchisor's Property. Franchisee shall immediately return to Franchisor any property held or used by Franchisee which is owned by Franchisor, including the Customer Lists and Franchised Business Data, and shall cease to use, and either destroy or convey to Franchisor, all signs, advertising materials, displays, stationery, forms, and any other materials that bear or display the Marks. Franchisee shall deliver to Franchisor all login credentials associated with any directory, marketing, Computer Systems, Online Presences, and all other accounts and systems affiliated with the Franchised Business. Franchisee shall immediately deliver to Franchisor all manuals, policy and procedure statements, instructions, Brand Standards Manual, and other materials related to operating the Shop, including, without limitation, brochures, charts and any other materials provided by Franchisor and all copies thereof, and shall neither retain nor convey to another any copy or record of any of the foregoing.
- (d) Cancel Assumed Names. Franchisee shall take such actions as may be necessary to cancel any assumed name or similar registration which contains the mark BURNEY'S SWEETS & MORE or any other Marks of Franchisor, and Franchisee shall furnish Franchisor with evidence satisfactory to Franchisor of compliance with its obligation within thirty (30) days after termination, expiration, or non-renewal of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, the 'Expiration Date' is referenced within the context of obligations and restrictions that come into effect when the Franchise Agreement expires. Specifically, the expiration date marks a point at which rights granted to the franchisee terminate and revert to Burneys Sweets More.
The FDD outlines several obligations a franchisee has upon the expiration of the agreement, such as ceasing operation of the Burneys Sweets More business, discontinuing the use of confidential information and trademarks, and returning all of Burneys Sweets More's property. Additionally, the franchisee must cancel any assumed names containing Burneys Sweets More's marks.
Furthermore, the expiration date is a key factor in determining the start of the 'Restrictive Period,' which is a two-year period during which certain restrictions apply to the franchisee. These restrictions include non-solicitation covenants, preventing the franchisee from soliciting vendors or customers of Burneys Sweets More. The expiration date, therefore, triggers significant changes in the franchisee's rights and responsibilities, impacting their ability to operate a similar business in specific territories.