Who determines if a change in Burneys Sweets More Marks will be beneficial to the system?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor has the right to change, revise, or substitute different Marks for use in identifying the System, the Shop, and the products sold or offered for sale through the Shop, if Franchisor, in its sole discretion, determines that change, revision, or substitution of different Marks will be beneficial to the System.
In such circumstances, the use of the substitute proprietary marks shall be governed by the terms of this Agreement.
Franchisee shall comply with each such change, revision, or substitution and bear all expenses associated therewith.
In the event that a court of competent jurisdiction should order, or if Franchisor in its sole discretion should deem it necessary or advisable, Franchisee shall modify or discontinue use of any Mark.
Franchisee shall comply with Franchisor's directions regarding any such Mark within thirty (30) days after receipt of notice from Franchisor or, if such modification or discontinuance is court-ordered, immediately.
Franchisor shall not be obligated to compensate Franchisee for any costs or expenses incurred by Franchisee in connection with any such modification or discontinuance.
Franchisee shall also use such additional or substitute Marks as Franchisor shall direct.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, the franchisor, in its sole discretion, determines if a change, revision, or substitution of different Marks will be beneficial to the Burneys Sweets More system. This gives Burneys Sweets More the authority to modify its trademarks, service marks, trade names, slogans, logos, and emblems as it sees fit.
If Burneys Sweets More decides to implement such changes, franchisees are obligated to comply and bear all associated expenses. This includes costs related to updating signage, marketing materials, and any other items displaying the Marks. Franchisees must adhere to these changes, even if a court orders a modification or discontinuance of any Mark.
Burneys Sweets More is not obligated to compensate franchisees for any costs incurred due to these changes. Franchisees must also use any additional or substitute Marks as directed by Burneys Sweets More. This clause ensures that Burneys Sweets More maintains control over its brand identity and can adapt its Marks as needed, while franchisees are responsible for the financial burden of implementing these changes.