Can a Burneys Sweets More franchisee join a third-party claim?
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 the 2025 Burneys Sweets More Franchise Disclosure Document, franchisees are prohibited from joining any third-party claims. The FDD states that franchisees may not bring any action on a class-wide basis or join any third-party claim. This waiver extends not only to the franchisee but also to their owners, affiliates, and guarantors, if applicable.
This clause means that a Burneys Sweets More franchisee gives up the right to participate in a class action lawsuit against the franchisor or any other related party. This includes joining any existing lawsuit initiated by someone else. The franchisee's legal recourse is limited to individual actions, which can be more expensive and time-consuming than participating in a class action.
Such waivers are relatively common in franchise agreements. Franchisors often include them to avoid the potential financial impact and administrative burden of class action lawsuits. However, franchisees should carefully consider the implications of this waiver, as it restricts their ability to collectively address issues with other franchisees.