Does the franchisee of Burneys Sweets More agree that any action will be considered unique on its facts?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
xhibit L – Receipt
| JURY TRIAL AND CLASS ACTION WAIVER. FRANCHISOR AND | |
|---|---|
| FRANCHISEE (AND FRANCHISEE’S OWNERS, AFFILIATES, AND GUARANTORS, | |
| IF APPLICABLE) IRREVOCABLY WAIVE TRIAL BY JURY IN ANY ACTION | |
| BROUGHT BY FRANCHISOR (AND ITS AFFILIATES, IF APPLICABLE) AND | |
| FRANCHISEE (AND FRANCHISEE’S OWNERS, AFFILIATES, AND GUARANTORS, | |
| IF APPLICABLE). NEITHER FRANCHISEE (AND FRANCHISEE’S OWNERS, | |
| AFFILIATES, AND GUARANTORS, IF APPLICABLE) NOR FRANCHISOR SHALL | |
| SEEK TO BRING AN ACTION AGAINST ANY OF THE OTHER PARTIES EITHER AS | |
| A REPRESENTATIVE OF, OR ON BEHALF OF, ANY OTHER PERSON, CLASS, OR | |
| ENTITY. NO ACTION SHALL ADD AS A PARTY, BY CONSOLIDATION, JOINDER, | |
| OR IN ANY OTHER MANNER, ANY PERSON OR PARTY OTHER THAN | |
| FRANCHISEE (AND FRANCHISEE’S OWNERS, AFFILIATES, AND GUARANTORS, | |
| IF APPLICABLE) AND FRANCHISOR (AND ITS AFFILIATES, IF APPLICABLE) AND | |
| ANY PERSON IN PRIVITY WITH, OR CLAIMING THROUGH, IN THE RIGHT OF, | |
| OR ON BEHALF OF, THEM, UNLESS BOTH FRANCHISEE AND FRANCHISOR | |
| CONSENT IN WRITING. FRANCHISOR HAS THE ABSOLUTE RIGHT TO REFUSE | |
| SUCH CONSENT. FRANCHISEE (AND ITS OWNERS, GUARANTORS, AND | |
| AFFILIATES, AS APPLICABLE) AGREES AND ACKNOWLEDGES THAT ANY | |
| ACTION WILL BE CONSIDERED UNIQUE ON ITS FACTS AND SHALL NOT BE | |
| BROUGHT AS A CLASS OR GROUP ACTION. FRANCHISEE (AND ITS OWNERS, | |
| GUARANTORS, AND AFFILIATES, AS APPLICABLE) MAY NOT BRING ANY | |
| ACTION ON A CLASS-WIDE BASIS (OR JOIN ANY THIRD-PARTY CLAIM). |
Source: Item 23 — RECEIPT (FDD pages 50–199)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, the franchisee agrees that any action will be considered unique on its facts and cannot be brought as a class or group action. The franchisee also agrees they may not bring any action on a class-wide basis or join any third-party claim. This agreement is further extended to the franchisee's owners, affiliates, and guarantors, if applicable.
This clause prevents franchisees from participating in class action lawsuits against Burneys Sweets More. By agreeing that each action is unique, franchisees waive their right to consolidate claims with other franchisees. This is a legal protection for Burneys Sweets More, limiting their exposure to large, aggregated lawsuits.
Such waivers are relatively common in franchise agreements. Prospective franchisees should understand that they are giving up certain legal rights, which could be significant if they believe they have a claim that is similar to those of other franchisees in the Burneys Sweets More system. Franchisees should consult with a legal professional to fully understand the implications of this waiver.