How can the Burneys Sweets More franchise agreement be modified?
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.
- (e) Changes in Law Affecting Marks.
In the event that the trademark law is amended so as to render inapplicable any of the provisions of this Agreement, Franchisee shall sign any documents and do such other act and thing as in the opinion of Franchisor may be necessary to effect the intent and purpose of the provisions of this Agreement.
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 can be modified under specific circumstances related to the brand's trademarks. Burneys Sweets More 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 Burneys Sweets More, in its sole discretion, determines that change, revision, or substitution of different Marks will be beneficial to the System. The franchisee is obligated to comply with these changes and bear any associated expenses.
In the event that a court orders a modification or discontinuance of any Mark, or if Burneys Sweets More deems it necessary, the franchisee must comply with Burneys Sweets More's directions within thirty days of notice, or immediately if the modification or discontinuance is court-ordered. The franchisee is not entitled to compensation from Burneys Sweets More for any costs or expenses incurred due to these changes. Franchisees are also required to use any additional or substitute Marks as directed by Burneys Sweets More.
Additionally, if trademark law is amended in a way that renders any provision of the franchise agreement inapplicable, the franchisee must sign documents and take actions deemed necessary by Burneys Sweets More to align with the intent and purpose of the agreement. This ensures that the franchise agreement remains compliant with current laws and regulations, and that the Burneys Sweets More system can adapt to changes in the legal environment.