What is the definition of 'Online Presences' in the context of the Burneys Sweets More franchise agreement?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
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- 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").
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- This Assignment is for collateral purposes only and, except as specified herein, Franchisor will have no liability or obligation of any kind whatsoever arising from or in connection with Franchisee's use of the Listings unless and until Franchisor notifies the telephone company, listing agencies, internet service providers, or other parties that provide the Listings (collectively, the "Providers") to effectuate the assignment pursuant to the terms hereof.
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- Upon termination, expiration, or nonrenewal of the Franchise Agreement (without renewal or extension), Franchisor will have the right and is hereby empowered to effectuate the assignment of the Listings to itself or to any third party it designates. In the event Franchisor exercises its assignment rights Franchisee will have no further right, title or interest in the Listings; provided, however, Franchisee will pay all amounts owed in connection with the Listings, including all sums owed to Franchisor, Franchisor's affiliates, or Franchisor's approved suppliers
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, the term 'Online Presence' is referenced within the context of assigning rights to the franchisor. Specifically, franchisees agree to assign to Burneys Sweets More any Online Presence that uses the brand's marks, is used in connection with operating the franchised business, or that the franchisee has been permitted to create. This assignment includes all rights, title, and interest in the content of any Online Presence, whether existing or adopted in the future.
This means that upon signing the franchise agreement, a Burneys Sweets More franchisee gives the franchisor control over any online platforms or content associated with the business. This includes websites, social media accounts, and any other digital channels used to promote or operate the franchise. The franchisor has the right to manage and control these online presences, ensuring brand consistency and adherence to marketing strategies.
Furthermore, upon termination, expiration, or non-renewal of the franchise agreement, Burneys Sweets More has the right to effectuate the assignment of these online listings to themselves or a third party. The franchisee loses all rights to these listings at that point, emphasizing the importance of understanding the terms of the franchise agreement regarding online assets. Franchisees are responsible for paying all amounts owed in connection with these listings, including sums owed to the franchisor or its affiliates.