What is the effect of the Addendum on the Burneys Sweets More Franchise Agreement?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
parents, affiliates, and subsidiaries; and their respective shareholders, members, partners, officers, directors, managers, employees, agents, representatives, attorneys, accountants, guarantors, successors, and assigns, in both their corporate and individual capacities (collectively, "Released Parties") from any and all claims, demands, obligations, actions, liabilities, defenses or damages of every kind and nature whatsoever, in law or in equity, whether known or unknown, which may hereafter be discovered, in connection with, as a result of, or in any way arising from, any relationship or transaction with the Released Parties, however characterized or described, from the beginning of time until the date of this Addendum.
- Non-Disparagement. Franchisee agrees not to, and to use its best efforts to cause its current and former shareholders, officers, directors, principals, agents, partners, employees, representatives, attorneys, spouses, and successors and assigns not to, disparage or otherwise speak or write negatively, directly or indirectly, of Franchisor or Franchisor Affiliates or their respective current and former agents, principals, officers, directors, shareholders, members, employees, franchisees, representatives, area directors, attorneys, parents, predecessors, affiliates, subsidiaries divisions, and successors and assigns, the BURNEY'S SWEETS & MORE brand, the BURNEY'S SWEETS & MORE system, or any other service-marked or trademarked concept of Franchisor, or which would subject the BURNEY'S SWEETS & MORE brand to ridicule, scandal, reproach, scorn, or indignity or which would negatively impact the goodwill of Franchisor or its brand.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, the Addendum to the Franchise Agreement includes a release of claims and a non-disparagement clause. Franchisees, by signing the addendum, release Burneys Sweets More and its affiliates from any claims or liabilities arising from their relationship up to the date of the addendum. This means a franchisee waives their right to sue Burneys Sweets More for past issues.
Additionally, the addendum contains a non-disparagement clause. This clause prevents the franchisee, and their associates, from making negative statements about Burneys Sweets More, its brand, or its system. This restriction extends to the franchisee's current and former shareholders, officers, directors, agents, employees, attorneys, and family members.
These clauses are common in franchise agreements to protect the franchisor's reputation and limit liability. Prospective franchisees should carefully consider the implications of these clauses before signing the Addendum, as they significantly impact their legal rights and ability to publicly comment on their experience with Burneys Sweets More.