For Burneys Sweets More, can the franchise agreement be changed verbally?
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, Burneys Sweets More grants franchises and the rights to develop and operate a Burneys Sweets More shop only pursuant to the express terms of written agreements and not orally. The franchisor retains all rights not expressly granted to the franchisee in the written agreement. Burneys Sweets More is not restricted in any manner from exercising their rights, nor will they be required to compensate the franchisee should they exercise them.
This means that any changes or modifications to the franchise agreement must be documented in writing to be valid and enforceable. A prospective franchisee should understand that verbal agreements or promises made by Burneys Sweets More representatives that are not included in the written franchise agreement are not binding.
This clause protects both the franchisee and Burneys Sweets More by ensuring that all terms and conditions are clearly defined and agreed upon in writing, reducing the potential for misunderstandings or disputes. It is a common practice in franchising to require written agreements to ensure clarity and legal enforceability.