Are other Burneys Sweets More franchisees considered intended beneficiaries of the Rider?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
This Rider is binding and shall inure to the benefit of Landlord, Tenant, and Franchisor, any parent, subsidiary or affiliated company of Franchisor, or another BURNEY'S SWEETS & MORE franchisee, their assigns, and successors-in-interest.
Franchisor, any parent, subsidiary or affiliated company of Franchisor, or another BURNEY'S SWEETS & MORE franchisee are intended beneficiaries of this Rider, provided Franchisor shall have no liability for any of Tenant's obligations under the Form Lease.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, other Burneys Sweets More franchisees are considered intended beneficiaries of the Rider. The Rider outlines specific agreements related to the lease and premises of the franchisee's location.
This means that other franchisees may have certain rights or benefits under the Rider, particularly concerning the leased property. This could involve scenarios where the actions of one franchisee might affect the lease or premises of another, making them an intended beneficiary to ensure some level of protection or recourse.
However, it's important to note that Burneys Sweets More clarifies that it, as the Franchisor, has no liability for any of the Tenant's obligations under the Form Lease. This suggests that while other franchisees are intended beneficiaries, the franchisor is not assuming responsibility for the lease obligations of individual franchisees.