Does a Burneys Sweets More franchisee have the right to set prices for menu items?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) Pricing.
Franchisee shall have the right to set prices provided that, subject to applicable antitrust laws, such pricing: (1) complies with any minimum or maximum prices set by Franchisor; and (2) complies with any prices specified by Franchisor; and (3) conforms to any bona fide promotional programs or national or regional accounts programs periodically established by Franchisor.
Franchisor retains the right to modify its pricing policies from time to time in its sole discretion.
Franchisor specifically reserves the right, in its sole discretion and as it may deem in the best interests of Franchisee or the Chain, to vary pricing standards and policies within the
Shop or any other Shop in the Chain based upon peculiarities of particular location or circumstances, including, but not limited to, density of population and other demographic factors, size of a franchisee's territory, business practices or customs, cost of a franchisee's rent or mortgage payments, or any other condition which Franchisor deems to be of importance to the operation of such Shop or the Chain. Franchisee acknowledges that because of these factors and others, there may be variations from standard pricing policies and practices throughout the Chain and that Franchisee shall not be entitled to require Franchisor to grant like or similar variations or privileges to Franchisee. Franchisee must provide to Franchisor a price list containing all of the prices charged for the products supplied by the Franchised Business. The price list must be updated and supplied to Franchisor every time Franchisee alters its prices and, in any event, at least annually.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, franchisees have the right to set prices for menu items, but this right is subject to certain conditions. The franchisee's pricing must comply with any minimum or maximum prices set by Burneys Sweets More. Additionally, pricing must align with any prices specified by the franchisor and conform to any bona fide promotional programs or national or regional accounts programs established by Burneys Sweets More.
Burneys Sweets More retains the right to modify its pricing policies periodically and may vary pricing standards based on specific location characteristics or circumstances. These factors can include population density, territory size, local business practices, and the franchisee's rent or mortgage costs. The FDD states that variations from standard pricing policies may exist throughout the Burneys Sweets More chain, and franchisees are not entitled to demand similar variations or privileges.
Franchisees must provide Burneys Sweets More with a price list containing all prices charged for products. This list must be updated and supplied to the franchisor every time the franchisee alters its prices, and at least annually. This ensures that Burneys Sweets More is always aware of the franchisee's pricing strategy and can ensure compliance with the established pricing policies.