Is a Burneys Sweets More franchisee required to engage in grand-opening advertising?
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)
Based on the 2025 Burneys Sweets More Franchise Disclosure Document, franchisees have the right to conduct supplemental advertising at their own expense, in addition to any required expenditures. However, all supplemental advertising materials must either be prepared by Burneys Sweets More or approved by them. Franchisees must also arrange for the listing of the franchised business's telephone number and email address in any print or online directory designated by Burneys Sweets More under the name "BURNEY'S SWEETS & MORE".
Burneys Sweets More also has the right to arrange for directory listings for franchisees operating franchised businesses under the System and at the franchisee's expense. All advertising and promotional materials used by the franchisee must be approved by Burneys Sweets More. Any materials not prepared or previously approved by Burneys Sweets More within 90 days of their intended use must be submitted for approval. If approval is not received within 20 days of receipt by Burneys Sweets More, the materials are deemed disapproved.
Franchisees may be required to participate in a Cooperative for general advertising programs and activities. Members of the Cooperative contribute funds, potentially up to 4% of monthly Gross Sales. However, Burneys Sweets More may grant exemptions from the Cooperative membership requirement at its discretion. The FDD does not explicitly state whether grand-opening advertising is mandatory, but it does outline the requirements and approval processes for advertising and promotional activities, as well as the potential requirement to participate in a Cooperative for advertising purposes.