Must a Burneys Sweets More franchisee comply with the Brand Standards Manual?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall always operate the Shop in accordance with the terms of this Agreement, which terms expressly require compliance with the Brand Standards Manual (as defined in Section 11(i)) and Franchisor's standards and specifications. Franchisee covenants that during the Initial Term and any applicable Renewal Term, it will at all times faithfully, honestly and diligently perform its obligations under this Agreement, and that it will continuously exert its best efforts to promote and enhance the business of the Shop.
Franchisee acknowledges and agrees that all information in the Brand Standards Manual, policy and procedure statements and other notices constitute confidential information and trade secrets, and shall not be disclosed at any time by Franchisee.
Franchisee shall not copy, disclose, duplicate, record or otherwise reproduce, in whole or in part, for whatever reason, the Brand Standards Manual or any other communication or information provided by Franchisor.
Franchisor shall have the right to modify the policies and procedures of the Brand Standards Manual at any time, which modifications shall be binding upon Franchisee.
Franchisee acknowledges that the Brand Standards Manual are designed to protect Franchisor's Marks, brand image, goodwill, and standards and systems, and not to control the day-to-day operation of the business.
Franchisee shall comply with all rules, regulations, and directives specified by Franchisor, as well as all mandatory standards, specifications and procedures contained in the Brand Standards Manual, as amended from time to time.
Franchisee shall notify Franchisor immediately upon the occurrence of any situation that may have a significant negative impact on Franchisee, Franchisor, or the Franchised Business, or which could have a deleterious effect on the BURNEY'S SWEETS & MORE brand, Marks or System (a "Crisis").
Franchisee shall follow all of Franchisor's policies, procedures, and instructions in every such situation, including, without limitation, managing public relations and communications, as directed by Franchisor or as specified in the Brand Standards Manual, whether or not Franchisee has retained outside counsel or a public relations firm to assist with such matters.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, franchisees must operate their shops in accordance with the terms of the Franchise Agreement, which expressly requires compliance with the Brand Standards Manual. This manual contains mandatory standards, specifications, and procedures that franchisees must follow, as amended by Burneys Sweets More from time to time. The Brand Standards Manual is designed to protect Burneys Sweets More's marks, brand image, goodwill, and systems.
Burneys Sweets More retains the right to modify the policies and procedures within the Brand Standards Manual, and these modifications are binding on the franchisee. However, Burneys Sweets More also reserves the right to vary standards within a shop based on specific location or circumstances, such as population density or business customs, acknowledging that complete uniformity may not always be practical or possible. Franchisees are not entitled to demand similar variations or privileges.
Franchisees acknowledge that the Brand Standards Manual and all related information constitute confidential information and trade secrets, which must not be disclosed. Franchisees are prohibited from copying, duplicating, or reproducing the Brand Standards Manual. In crisis situations that may negatively impact Burneys Sweets More's brand, franchisees must follow all policies, procedures, and instructions from Burneys Sweets More, as specified in the Brand Standards Manual, including managing public relations and communications.