Can the contents of the Burneys Sweets More Brand Standards Manual be revised?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
- (f) Copyrights and Patents.
Franchisee acknowledges that as between Franchisee and Franchisor, any and all present or future copyrights and patents relating to the System or the BURNEY'S SWEETS & MORE concept, including, but not limited to, the Brand Standards Manual, menus, construction plans and specifications, and marketing materials belong solely and exclusively to Franchisor.
Franchisee has no interest in Franchisor's copyrights or patents beyond the nonexclusive License granted in this Agreement.
- (g) Ideas and Innovations.
All concepts, recipes, inventions, ideas, applications, trademarks, service marks, enhancements, modifications, improvements or other processes, methods and designs, technologies, techniques, materials, computer software, electronic code, original works of authorship, formulas, patents, copyrights, marketing and business plans and ideas, and all improvements and enhancements thereto that Franchisee or any of its Owners, affiliates, guarantors, managers, directors, officers, employees, or contractors may develop, invent, discover, conceive or originate, alone or in conjunction with any other person or persons during the Initial Term or any Renewal Term that relate in any way, either directly or indirectly, to the Franchised Business and/or the System (collectively referred to as "Inventions and Ideas"), either
in whole or in part, shall be the exclusive property of Franchisor. Franchisee must promptly disclose the existence of any and all Inventions and Ideas to Franchisor. To the extent any Invention or Idea does not qualify as a "work made-for-hire" for Franchisor, Franchisee and all its Owners and guarantors of this Agreement hereby assign to Franchisor, without compensation, all right, title and interest in such Inventions and Ideas, and agree that they will execute any and all instruments and do any and all acts necessary or desirable to establish and perfect in Franchisor the entire right, title and interest in such Inventions and Ideas. Franchisor may incorporate such Inventions and Ideas into the System. As Franchisor may reasonably request, Franchisee shall, at Franchisor's expense, take all actions reasonably necessary to assist Franchisor's efforts to obtain or maintain intellectual property rights in any item or process related to the System, whether developed by Franchisee or not.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More FDD, the Brand Standards Manual, along with other elements of the Burneys Sweets More system, are subject to the franchisor's exclusive ownership and control. Specifically, Burneys Sweets More retains ownership of any and all present or future copyrights and patents relating to the System or the Burneys Sweets More concept, including, but not limited to, the Brand Standards Manual, menus, construction plans and specifications, and marketing materials.
As a franchisee, you acknowledge that you have no interest in Burneys Sweets More's copyrights or patents beyond the nonexclusive license granted in the Franchise Agreement. Furthermore, any concepts, recipes, inventions, ideas, or improvements related to the franchised business that you or your employees develop during the term of the agreement automatically become the exclusive property of Burneys Sweets More. You are obligated to disclose any such inventions or ideas to the franchisor, and Burneys Sweets More has the right to incorporate them into the System.
This means that Burneys Sweets More retains full authority to modify or revise the Brand Standards Manual as they see fit. Franchisees are obligated to adhere to the standards outlined in the manual and any updates or changes made by the franchisor. While franchisees may contribute ideas or suggestions, the final decision-making power regarding the content and implementation of the Brand Standards Manual rests solely with Burneys Sweets More. This is a common practice in franchising, as it allows the franchisor to maintain consistency and protect the brand's integrity across all locations.