What constitutes a valid amendment to the Burneys Sweets More Franchise Agreement?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Reservation of Rights. Franchisor grant franchises and the rights to develop and operate a BURNEY'S SWEETS & MORE Shop only pursuant to the express terms of written agreements and not orally. All rights that are not granted to Franchisee in this Agreement are specifically reserved to Franchisor, and Franchisor will not be restricted in any manner from exercising them nor will Franchisor be required to compensate Franchisee should Franchisor exercise them. This includes the right, directly or through others and regardless of either (a) proximity to Franchisee's Shop or Territory or (b) any actual or threatened impact on sales of Franchisee's Shop to:
- (i) use the Marks and System in connection with establishing and operating BURNEY'S SWEETS & MORE shops at any location outside the Territory;
- (ii) use the Marks or other marks in connection with selling or distributing any goods (including branded merchandise) or services anywhere in the world (including within the Territory), whether or not Franchisee also offers them, through channels of distribution other than a BURNEY'S SWEETS & MORE Shop (including, for example, other permanent or temporary retail locations, kiosks, carts, food trucks, catalogs, mail order, or the internet or other electronic means or through delivery by Franchisor, Franchisor's affiliates, Franchisor's franchisees, and/or third party delivery services);
- (iii) acquire, establish or operate, without using the Marks, any business of any kind at any location anywhere in the world (including within the Territory);
- (iv) use the Marks in connection with soliciting or directing advertising or promotional materials to customers anywhere in the world (including within the Territory); and
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
Based on the 2025 Burneys Sweets More Franchise Disclosure Document, franchise rights are granted only through the express terms of written agreements. Burneys Sweets More does not grant franchises or development rights orally.
This means that any changes or modifications to the original franchise agreement must be documented in writing to be considered valid. A prospective franchisee should understand that verbal promises or assurances from Burneys Sweets More representatives are not legally binding unless they are incorporated into a written amendment to the franchise agreement.
Burneys Sweets More retains all rights not explicitly granted to the franchisee in the written agreement. This includes the right to use the Burneys Sweets More marks and system outside the franchisee's territory, sell goods and services through other channels, operate any business without using the marks, and direct advertising to customers anywhere in the world. Franchisees should be aware of these reserved rights, as Burneys Sweets More can exercise them without restriction or compensation to the franchisee.