Is the First Addendum to the Burneys Sweets More Franchise Agreement subject to change?
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)
Based on the 2025 Burneys Sweets More Franchise Disclosure Document, the 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. This is permissible if Burneys Sweets More, in its sole discretion, determines that the change, revision, or substitution of different Marks will be beneficial to the System.
In such cases, the use of the substitute proprietary marks shall be governed by the terms of the agreement. The franchisee must comply with each change, revision, or substitution and bear all expenses associated with it. If a court orders or Burneys Sweets More deems it necessary, the franchisee must modify or discontinue using any mark.
The franchisee must comply with Burneys Sweets More's directions regarding any mark within thirty days after receiving notice from Burneys Sweets More or immediately if the modification or discontinuance is court-ordered. Burneys Sweets More is not obligated to compensate the franchisee for any costs or expenses incurred in connection with any modification or discontinuance. The franchisee shall also use additional or substitute marks as Burneys Sweets More directs.