What is the definition of 'Listings' that a Burneys Sweets More franchisee must assign?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee hereby agrees to assign to Franchisor: (i) those certain telephone numbers and regular, classified or other telephone directory listings used by Franchisee in connection with operating the BURNEY'S SWEETS & MORE franchised business, including personal cellphone numbers, (ii) all e-mail addresses that use the Marks or that are used by Franchisee in connection with the operation of the Franchised Business, (iii) any Online Presence (as that term is defined in the Franchise Agreement) which uses the Marks, which Franchisee uses in connection with the operation of the Franchised Business, or which Franchisee has been permitted by Franchisor to create, and (iv) all rights, title, and interest in the content of any Online Presence, whether now-existing or adopted by Franchisee in the future (collectively the "Listings").
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, franchisees must assign specific assets to the franchisor, which are collectively termed "Listings." These Listings encompass several digital and telephonic assets used in the operation of the Burneys Sweets More franchised business. This includes telephone numbers, including personal cellphone numbers, and any regular or classified telephone directory listings.
The definition extends to all email addresses that incorporate the Burneys Sweets More Marks or are used for business operations. It also covers any Online Presence, such as websites or social media accounts, that use the Marks or that the franchisee uses for the business, or that the franchisor has permitted the franchisee to create.
Finally, the Listings include all rights, title, and interest in the content of any Online Presence, whether existing at the time of the agreement or adopted by the franchisee in the future. This assignment is initially for collateral purposes, with Burneys Sweets More having no liability related to the franchisee's use of these Listings until they notify the relevant providers to effectuate the assignment, typically upon termination, expiration, or nonrenewal of the franchise agreement.