What is a Burneys Sweets More franchisee required to do in the event of a security breach?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall notify Franchisor immediately upon the occurrence of any situation that may have a significant negative impact on Franchisee, Franchisor, or the Franchised Business, or which could have a deleterious effect on the BURNEY'S SWEETS & MORE brand, Marks or System (a "Crisis").
Franchisee shall follow all of Franchisor's policies, procedures, and instructions in every such situation, including, without limitation, managing public relations and communications, as directed by Franchisor or as specified in the Brand Standards Manual, whether or not Franchisee has retained outside counsel or a public relations firm to assist with such matters.
A Crisis includes, but is not limited to, any event that occurs at or about the Shop or related to the Franchised Business that has or may cause harm or injury to customers or employees.
Examples include, but are not limited to, contagious diseases, food poisoning, food contamination, food spoilage, foodborne illness, cyber attacks, natural disasters, terrorist acts, shootings, or any other circumstance which may damage the System, Marks, or image or reputation of the Shop, the System or Franchisor.
Franchisee will cooperate fully with Franchisor with respect to Franchisor's response to the Crisis.
In the event of the occurrence of a Crisis, Franchisor may establish emergency procedures which may require Franchisee to temporarily close the Shop to the public, in which event Franchisor shall not be liable to Franchisee for any loss or costs, including consequential damages or lost profits occasioned thereby.
Franchisor will have the right to take control of the management of communications if Franchisor determines that the publicity surrounding the event is likely to have a material adverse effect on the reputation or goodwill of the Shop, Marks, System, or Franchisor.
Franchisee will obtain Franchisor's consent before any press releases, interviews or public statements are issued by Franchisee, or anyone on its behalf, about events that are likely to receive or are receiving significant negative public attention related to the Shop, Marks, System, or Franchisor.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, a franchisee must immediately notify the franchisor of any situation that could significantly negatively impact the franchisee, franchisor, the franchised business, or the Burneys Sweets More brand, marks, or system. This includes situations that could harm customers or employees.
In the event of a crisis, such as a cyber attack, the franchisee is required to follow all of Burneys Sweets More's policies, procedures, and instructions. This includes managing public relations and communications as directed by Burneys Sweets More or as specified in the Brand Standards Manual, regardless of whether the franchisee has retained outside counsel or a public relations firm. The franchisee must fully cooperate with Burneys Sweets More's response to the crisis.
Burneys Sweets More has the right to establish emergency procedures, which may require the franchisee to temporarily close the shop to the public. Burneys Sweets More will not be liable to the franchisee for any losses or costs, including consequential damages or lost profits, resulting from the temporary closure. Burneys Sweets More also has the right to take control of the management of communications if the publicity surrounding the event is likely to have a material adverse effect on the reputation or goodwill of the shop, marks, system, or franchisor. The franchisee must obtain Burneys Sweets More's consent before issuing any press releases, interviews, or public statements about events that are likely to receive or are receiving significant negative public attention related to the shop, marks, system, or franchisor.