What must a Burneys Sweets More franchisee do regarding construction plans before starting?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
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Franchisee sells or offers for sale only by the Marks. Franchisee has no right to use the System or the Marks for any purpose other than as expressly provided herein.
Pursuant to this grant, Franchisee, at its own expense, shall construct or remodel, and equip, staff, open and operate the Shop at the Location, in accordance with this Agreement. Unless otherwise agreed in a writing executed by Franchisor, Franchisee shall commence operating the Shop within one (1) year after the execution of this Agreement, and shall diligently operate such business in accordance with this Agreement for the Initial Term stated herein. Failure to timely open the Shop shall constitute an event of default under the Agreement.
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.
Franchisor and Franchisor's affiliates reserve any and all rights not expressly granted to Franchisee under this Agreement, including, without limitation, the right to sell anywhere (including within the protected Territory) products and services, (including to Franchisee's customers) under the "BURNEY'S SWEETS & MORE" name, or under any other name, through any channel of distribution other than a brick-and-mortar BURNEY'S SWEETS & MORE Shop in the protected Territory.
For the purposes of this Agreement, the use of the term "affiliate" shall mean an entity's subsidiary or parent and an entity controlled by, controlling, or under common control with, another entity.
2. Term, Expiration, and Additional License Period.
- (a) Initial Term. The initial term of this Agreement shall commence upon the execution of this Agreement, and shall expire at midnight on the day preceding the tenth (10th) annual anniversary date of the execution of this Agreement ("Initial Term"), unless this Agreement has been sooner terminated in accordance with the terms and conditions herein.
- (b) Additional License Periods.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More FDD, franchisees must construct or remodel their shop at their own expense, adhering to the franchise agreement. This includes compliance with the Brand Standards Manual and Burneys Sweets More's standards and specifications. Franchisees are expected to commence operations within one year of signing the agreement, unless an alternative agreement is made in writing with Burneys Sweets More. Failure to open the shop on time constitutes a default under the agreement.
Burneys Sweets More retains ownership of all copyrights and patents related to the Burneys Sweets More concept, including the Brand Standards Manual, menus, construction plans, and specifications. Franchisees have no rights to these copyrights or patents beyond the nonexclusive license granted in the agreement. This means a franchisee cannot claim ownership or intellectual property rights over any aspect of the Burneys Sweets More system, even those related to the construction of their shop.
In practical terms, a prospective Burneys Sweets More franchisee needs to be prepared to invest in construction or remodeling that strictly adheres to Burneys Sweets More's detailed specifications. They must also understand that all construction plans and related intellectual property belong to Burneys Sweets More, not the franchisee. This underscores the importance of carefully reviewing the Brand Standards Manual and any provided construction plans to ensure full compliance and avoid potential disputes.