Can Burneys Sweets More designate exclusive suppliers for equipment?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
ng. Franchisor reserves the right to require Franchisee to generally refurbish the Franchised Business and/or the Premises at Franchisee's expense, in order to conform to the building design, trade dress, color schemes and presentation of the Marks in a manner consistent with the then-current image for BURNEY'S SWEETS & MORE franchises, which include, without limitation, structural changes, installation of new materials and equipment, remodeling, redecoration, changing color schemes, and modifications and/or repairs to existing improvements. Such remodeling and re-equipping may include, without limitation, replacing worn out, obsolete, or dated equipment, fixtures, furnishings and signs;
structural modifications, redecorating; or purchasing more efficient or improved equipment. Franchisor may require Franchisee to perform remodeling and to purchase equipment at such times as Franchisor, in its sole discretion, deems necessary and reasonable; provided, that Franchisor may not require any remodeling requiring an expenditure in excess of Thirty Thousand Dollars ($30,000) during the first two (2) years of the Initial Term unless the expenditure is necessary for menu item production as determined by Franchisor. FRANCHISEE ACKNOWLEDGES THAT EQUIPMENT, ALTERATIONS AND RENOVATIONS REQUIRED BY FRANCHISOR MAY INVOLVE SUBSTANTIAL ADDITIONAL INVESTMENT BY FRANCHISEE DURING THE INITIAL TERM. In the event of Franchisee's delay, refusal, or failure to make repairs or modifications to the Premises as specified by this Section 10(c), Franchisor or its agents may enter the Premises, without further notice and without liability for trespass or other tort and with Franchisee's complete cooperation, and remove, repair, and/or replace, at Franchisee's expense, any items which do not conform to Franchisor's then-current standards and specifications or which are not in conformity with Franchisee's obligation to maintain the Franchised Business and the Premises in the highest degree of repair and condit
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More FDD, Burneys Sweets More has the right to require franchisees to re-equip their Franchised Business. This may include replacing worn out, obsolete, or dated equipment, fixtures, furnishings and signs or purchasing more efficient or improved equipment.
Burneys Sweets More may require franchisees to purchase equipment at such times as Burneys Sweets More, in its sole discretion, deems necessary and reasonable. However, Burneys Sweets More may not require any remodeling requiring an expenditure in excess of $30,000 during the first two years of the Initial Term unless the expenditure is necessary for menu item production as determined by Burneys Sweets More.
In the event of a franchisee's delay, refusal, or failure to make repairs or modifications to the premises as specified by Burneys Sweets More, Burneys Sweets More or its agents may enter the premises, without further notice and without liability for trespass or other tort and with franchisee's complete cooperation, and remove, repair, and/or replace, at franchisee's expense, any items which do not conform to Burneys Sweets More's then-current standards and specifications or which are not in conformity with franchisee's obligation to maintain the Franchised Business and the Premises in the highest degree of repair and condition.
While the FDD excerpt confirms Burneys Sweets More can mandate equipment upgrades and remodeling, it does not explicitly state whether Burneys Sweets More can designate exclusive suppliers for equipment. A prospective franchisee should seek clarification from Burneys Sweets More regarding their policies on designated or approved equipment suppliers to fully understand any restrictions or requirements.