For Burneys Sweets More, who is the franchise agreement binding upon?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
This Rider is binding and shall inure to the benefit of Landlord, Tenant, and Franchisor, any parent, subsidiary or affiliated company of Franchisor, or another BURNEY'S SWEETS & MORE franchisee, their assigns, and successors-in-interest.
Franchisor, any parent, subsidiary or affiliated company of Franchisor, or another BURNEY'S SWEETS & MORE franchisee are intended beneficiaries of this Rider, provided Franchisor shall have no liability for any of Tenant's obligations under the Form Lease.
Franchisor signs below for the limited purpose of acknowledging and agreeing to the provisions of this Rider.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, the franchise agreement and associated riders are binding upon several parties. Specifically, the Franchise Agreement is made between DMG BURNEY, INC., identified as the Franchisor, and the individual or entity entering into the agreement as the Franchisee. This establishes the core relationship and obligations between Burneys Sweets More and the franchisee.
Additionally, in situations where a lease agreement is involved, a separate rider to the lease is binding upon the Landlord, Tenant (the franchisee), and Franchisor. This ensures that all parties involved in the physical location of the Burneys Sweets More franchise are aware of their rights and responsibilities, particularly concerning the use of the premises as a Burneys Sweets More location and the eventual de-identification of the location if the franchise agreement terminates.
Furthermore, the rider extends its binding nature to any parent, subsidiary, or affiliated company of Burneys Sweets More, as well as any other Burneys Sweets More franchisee, their assigns, and successors-in-interest. This comprehensive inclusion ensures that the obligations and benefits outlined in the rider apply not only to the immediate parties but also to related entities and future owners or operators of the franchise or the property. This multi-party agreement is typical in franchising, as the franchisor wants to ensure brand consistency and protect their interests even if the franchisee sells the business or the property changes hands.