What must a Burneys Sweets More franchisee do to ensure sign compliance?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) Designation as Franchisee.
Franchisee shall take such additional action as may be necessary under the laws of the state in which the Shop is operated to make clear to the public that Franchisee is an independent franchisee of Franchisor and not owned by Franchisor.
Franchisee shall post in a conspicuous location at the business premises, as well as on invoices, purchase orders, marketing materials, Online Presences, and the like that "This BURNEY'S SWEETS & MORE franchise is independently owned and operated by [Franchisee entity name] under license from DMG BURNEY, INC."
- (d) Discontinuance of Use: Additional Marks.
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.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, franchisees must adhere to specific requirements regarding the use of marks and signage. Burneys Sweets More has the right to change or substitute different marks for identifying the system, shop, and products if it believes it will benefit the system. In such cases, the franchisee must comply with these changes and bear all associated expenses.
If a court orders or Burneys Sweets More deems it necessary, a franchisee must modify or discontinue the use of any mark. The franchisee must comply with Burneys Sweets More's directions within 30 days of receiving notice, or immediately if the modification or discontinuance is court-ordered. Burneys Sweets More is not obligated to compensate the franchisee for any costs incurred due to these changes. Franchisees are also required to use any additional or substitute marks as directed by Burneys Sweets More.
Additionally, franchisees must take actions to clearly indicate their independent ownership. This includes posting a notice in a conspicuous location at the business premises, as well as on invoices, purchase orders, marketing materials, and online presences, stating that the franchise is independently owned and operated under license from DMG Burney, Inc. This ensures transparency and avoids any public confusion about the ownership and operation of the Burneys Sweets More franchise.