What is the definition of 'Competitive Business' in the context of the Burneys Sweets More franchise agreement?

According to the 2025 Burneys Sweets More Franchise Disclosure Document, a 'Competitive Business' is defined within the franchise agreement as any commercial activity that isn't a Burneys Sweets More franchise that the franchisee is authorized to operate, but which still generates a significant portion of its revenue from the sale of similar products. Specifically, if a business receives 25% or more of its gross sales from bakery items such as cakes, croissants, and pies, whether sold for dine-in or carry-out, it's considered a competitive business.

Notably, the definition also includes any business that sells 'any amount of glazed and deep-fried croissants,' regardless of the percentage of overall sales that these items represent. This indicates that Burneys Sweets More places particular importance on protecting its market share in this specific product.

For a prospective franchisee, this definition is crucial because it outlines the types of businesses or activities that could be considered a conflict of interest under the franchise agreement. Engaging in a 'Competitive Business,' as defined here, could potentially violate the terms of the agreement and lead to legal or financial repercussions. Therefore, franchisees must be careful about any other business ventures they pursue, ensuring they do not fall under this definition.