What are some examples of alternate channels of distribution that Burneys Sweets More may use?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
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(b) Reservation of Rights. Franchisor grant franchises and the rights to develop and operate a BURNEY'S SWEETS & MORE Shop only pursuant to the express terms of written agreements and not orally. All rights that are not granted to Franchisee in this Agreement are specifically reserved to Franchisor, and Franchisor will not be restricted in any manner from exercising them nor will Franchisor be required to compensate Franchisee should Franchisor exercise them. This includes the right, directly or through others and regardless of either (a) proximity to Franchisee's Shop or Territory or (b) any actual or threatened impact on sales of Franchisee's Shop to:
- (i) use the Marks and System in connection with establishing and operating BURNEY'S SWEETS & MORE shops at any location outside the Territory;
- (ii) use the Marks or other marks in connection with selling or distributing any goods (including branded merchandise) or services anywhere in the world (including within the Territory), whether or not Franchisee also offers them, through channels of distribution other than a BURNEY'S SWEETS & MORE Shop (including, for example, other permanent or temporary retail locations, kiosks, carts, food trucks, catalogs, mail order, or the internet or other electronic means or through delivery by Franchisor, Franchisor's affiliates, Franchisor's franchisees, and/or third party delivery services);
- (iii) acquire, establish or operate, without using the Marks, any business of any kind at any location anywhere in the world (including within the Territory);
- (iv) use the Marks in connection with soliciting or directing advertising or promotional materials to customers anywhere in the world (including within the Territory); and
(v) establish or operate, or license other persons to establish or operate, a BURNEY'S SWEETS & MORE business within any Non-traditional Locations anywhere in the world (including within the Territory).
(c) Alternate Channels of Distribution. Franchisee may offer and sell approved products and services only on-site from the Shop except as Franchisor otherwise approves in advance, and in such event only in accordance with the requirements of this Agreement and the procedures set forth in the Brand Standards Manual. Franchisee may not offer or sell products through any other means or locations, including via the internet.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, the company retains specific rights regarding alternate channels of distribution. Burneys Sweets More reserves the right to use its trademarks and system to establish and operate shops outside a franchisee's territory. This means Burneys Sweets More can open new locations without impacting a franchisee's protected area.
Burneys Sweets More can also use its marks to sell or distribute goods and services through various channels other than a Burneys Sweets More shop. These alternate channels include other permanent or temporary retail locations, kiosks, carts, food trucks, catalogs, mail order, the internet, other electronic means, or through delivery services provided by Burneys Sweets More, its affiliates, franchisees, or third-party delivery services. This allows Burneys Sweets More to reach customers through multiple avenues, potentially increasing brand visibility and overall sales.
However, franchisees are restricted in their ability to utilize these alternate channels. Franchisees may only offer and sell approved products and services on-site from their shop, unless Burneys Sweets More approves otherwise in advance. Franchisees are also prohibited from selling products through other means or locations, including the internet, without prior approval. This ensures that Burneys Sweets More maintains control over brand distribution and consistency across all channels.