Can the Burneys Sweets More Franchise Agreement be amended orally?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, franchise rights are granted only through written agreements, and not orally. Burneys Sweets More retains all rights not explicitly granted to the franchisee in the written agreement. These reserved rights can be exercised without restriction or compensation to the franchisee.
This means that any modifications or amendments to the Burneys Sweets More Franchise Agreement must be documented in writing to be valid. A franchisee cannot rely on verbal promises or agreements made by Burneys Sweets More representatives that are not included in the written contract. This protects both the franchisee and Burneys Sweets More by ensuring that all terms and conditions are clearly defined and agreed upon in writing.
This is a fairly standard clause in franchise agreements. It is important for a prospective Burneys Sweets More franchisee to carefully review the entire agreement and ensure that all understandings are documented in writing before signing. This helps avoid potential disputes or misunderstandings later on, as only the written terms will be legally binding.