How must a Burneys Sweets More franchisee hold itself out to the public?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
18. Obligations upon Termination, Expiration, or Non-renewal.
Upon termination, expiration, or non-renewal of this Agreement, regardless of such reason for termination, expiration, or non-renewal, all rights granted hereunder to Franchisee shall terminate and revert to Franchisor, and Franchisee shall have the following obligations:
- (a) Cease to Operate. Franchisee shall immediately cease to operate the business licensed under this Agreement, and shall not thereafter, directly or indirectly, represent to the public or hold itself out as a BURNEY'S SWEETS & MORE franchisee with respect to such business.
- (b) Cease to use Information. Franchisee shall immediately and permanently cease to use, in any manner whatsoever, all confidential information, methods, procedures and techniques used by or associated with the System, and the proprietary mark BURNEY'S SWEETS & MORE and all other Marks and distinctive forms, slogans, signs, symbols, logos, trade dress, décor, branding materials and devices associated with the BURNEY'S SWEETS & MORE Chain.
- (c) Return Franchisor's Property. Franchisee shall immediately return to Franchisor any property held or used by Franchisee which is owned by Franchisor, including the Customer Lists and Franchised Business Data, and shall cease to use, and either destroy or convey to Franchisor, all signs, advertising materials, displays, stationery, forms, and any other materials that bear or display the Marks. Franchisee shall deliver to Franchisor all login credentials associated with any directory, marketing, Computer Systems, Online Presences, and all other accounts and systems affiliated with the Franchised Business. Franchisee shall immediately deliver to Franchisor all manuals, policy and procedure statements, instructions, Brand Standards Manual, and other materials related to operating the Shop, including, without limitation, brochures, charts and any other materials provided by Franchisor and all copies thereof, and shall neither retain nor convey to another any copy or record of any of the foregoing.
- (d) Cancel Assumed Names. Franchisee shall take such actions as may be necessary to cancel any assumed name or similar registration which contains the mark BURNEY'S SWEETS & MORE or any other Marks of Franchisor, and Franchisee shall furnish Franchisor with evidence satisfactory to Franchisor of compliance with its obligation within thirty (30) days after termination, expiration, or non-renewal of this Agreement.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More FDD, upon termination, expiration, or non-renewal of the franchise agreement, a franchisee must immediately cease operating the business and cannot represent themselves to the public as a Burneys Sweets More franchisee. This means the franchisee loses all rights to the Burneys Sweets More brand and system.
Specifically, the franchisee must stop using all confidential information, methods, procedures, and techniques associated with the Burneys Sweets More system. They must also cease using the Burneys Sweets More trademark, along with all other marks, slogans, signs, symbols, logos, trade dress, décor, branding materials, and devices associated with the Burneys Sweets More chain. This ensures that the franchisee no longer benefits from the brand's reputation and established identity after the agreement ends.
Furthermore, the franchisee is required to return all of Burneys Sweets More's property, including customer lists and franchised business data. They must also destroy or transfer to Burneys Sweets More all signs, advertising materials, displays, stationery, forms, and any other materials displaying the Burneys Sweets More marks. Additionally, the franchisee must cancel any assumed name registrations that include the Burneys Sweets More name or any other Burneys Sweets More marks, providing evidence of compliance to Burneys Sweets More within 30 days of termination, expiration, or non-renewal. These measures ensure a clean break between the franchisee and the Burneys Sweets More brand, protecting the integrity and exclusivity of the franchise system.