What does Burneys Sweets More expressly disclaim regarding warranties or guarantees?

According to the 2025 Burneys Sweets More FDD, Burneys Sweets More does not guarantee that other Burneys Sweets More shops will refrain from soliciting or making sales within a franchisee's territory. The FDD states that such solicitations or sales may occur within the territory, and Burneys Sweets More has no duty to protect the franchisee from these activities.

This disclaimer means that a Burneys Sweets More franchisee's territory is not completely exclusive in practice. While Burneys Sweets More agrees not to establish or license another brick-and-mortar shop within the franchisee's territory, other shops can still solicit or make sales there. This could happen through online orders, phone orders, or other remote-entry systems that can accept orders from within or outside the territory.

This lack of a guarantee has significant implications for a prospective franchisee. It means that the franchisee may face competition from other Burneys Sweets More shops within their own territory, which could affect their sales and profitability. The franchisee bears the risk of such competition, as Burneys Sweets More is not obligated to prevent it. This is a common practice in franchising, where franchisors often retain the right to solicit business through various channels, even within a franchisee's territory. A prospective franchisee should carefully consider this factor and its potential impact on their business before investing in a Burneys Sweets More franchise.