Can a Burneys Sweets More franchisee issue their own loyalty program without approval?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) Supplemental Advertising.
Franchisee shall have the right to conduct, at its separate expense, supplemental advertising in addition to the expenditures specified in this Section 8.
All such supplemental advertising shall either have been prepared by Franchisor or approved by Franchisor pursuant to Section 8(f).
- (e) Directory Advertising.
Franchisee shall arrange for the listing of the Franchised Business's telephone number and email address in any print or online directory designated by Franchisor under the name "BURNEY'S SWEETS & MORE" or such other name as the Franchisor may designate.
All advertising and promotion in such media (beyond a simple listing of name, address, and telephone number) shall be subject to Franchisor's approval.
Franchisor has the right to arrange for directory listings for franchisees operating Franchised Businesses under the System and, at Franchisee's expense, for Franchisee; in which case Franchisee shall pay Franchisor as Franchisor may designate.
Franchisee's rights to use and benefit from its assigned telephone number, email address, and directory listings are subject to the provisions of Section 18 of this Agreement.
- (f) Approval by Franchisor.
Any and all advertising and promotional materials Franchisee uses must be approved by Franchisor.
Prior to their use by the Cooperative or by Franchisee, all advertising and promotional materials not prepared or previously approved by Franchisor within the ninety (90) day period preceding their intended use shall be submitted to Franchisor for approval.
If approval is not received within twenty (20) days from the date of receipt by Franchisor of such materials, the materials shall be deemed disapproved by Franchisor.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, franchisees must obtain approval from Burneys Sweets More for any advertising and promotional materials they intend to use. This includes supplemental advertising that the franchisee might want to conduct at their own expense. Franchisees must submit these materials to Burneys Sweets More for approval, especially if the franchisor has not prepared or previously approved them within the 90-day period before their intended use. If Burneys Sweets More does not respond within 20 days of receiving the materials, they are considered disapproved.
This requirement extends to directory advertising as well, where any promotion beyond a simple listing of name, address, and telephone number is subject to Burneys Sweets More's approval. Burneys Sweets More also reserves the right to arrange directory listings for franchisees at the franchisee's expense.
Given these stipulations, a Burneys Sweets More franchisee cannot independently implement a loyalty program without prior approval from the franchisor. Any loyalty program would fall under the umbrella of promotional materials, necessitating franchisor review and consent. This ensures brand consistency and adherence to Burneys Sweets More's standards across all franchise locations.