Does the Burneys Sweets More franchise agreement include a noncompetition agreement?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
I have received a disclosure document dated April 30, 2025 that included the following: Exhibit A – BURNEY'S SWEETS & MORE Franchise Agreement, with Attachment 1 (Franchise Rider), Attachment 2 (Lease Rider), Attachment 3 (Internet, Social Media, and Telephone Assignment), Attachment 4 (Guaranty), Attachment 5(a) (Noncompetition Agreement), and Attachment 5(b) (Nondisclosure and Non-Solicitation Agreement), Exhibit B-1 – Shop Directory/Listing of Current Franchisees, Exhibit B-2 – Listing of Certain Past Franchisees Exhibit C – Financial Statements, Exhibit D – State Specific Information, Exhibit E – Federal and State Regulators and Agents for Service of Process, Exhibit F –Sample General Release Agreement, Exhibit G – ACH/EFT Transfer Agreement, Exhibit H – First Addendum to Renewal Franchise Agreement, Exhibit I – Agreement and Conditional Consent to Transfer, Exhibit J – Small Business Administration Addendum, Exhibit K – Form of Franchise Compliance Certification, Exhibit L – Receipt
Source: Item 23 — RECEIPT (FDD pages 50–199)
What This Means (2025 FDD)
Yes, according to the 2025 Burneys Sweets More Franchise Disclosure Document, the franchise agreement includes a noncompetition agreement. Specifically, Exhibit A of the Burneys Sweets More franchise agreement includes several attachments, one of which is Attachment 5(a), explicitly titled "Noncompetition Agreement." This indicates that franchisees will be bound by the terms and conditions outlined in that agreement.
In addition to the noncompetition agreement, the franchise agreement also includes Attachment 5(b), titled "Nondisclosure and Non-Solicitation Agreement." This suggests that Burneys Sweets More franchisees are further restricted from disclosing confidential information and soliciting employees or customers, which is a common practice in franchising to protect the franchisor's business interests.
Prospective franchisees should carefully review both the Noncompetition Agreement and the Nondisclosure and Non-Solicitation Agreement to fully understand the restrictions they will be subject to both during the term of the franchise agreement and after its termination or expiration. Understanding the scope and duration of these agreements is crucial for assessing the long-term implications of investing in a Burneys Sweets More franchise.