What is the Burneys Sweets More franchisee's obligation regarding continuous construction of the premises?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Franchisor reserves the right to require Franchisee to generally refurbish the Franchised Business and/or the Premises at Franchisee's expense, in order to conform to the building design, trade dress, color schemes and presentation of the Marks in a manner consistent with the then-current image for BURNEY'S SWEETS & MORE franchises, which include, without limitation, structural changes, installation of new materials and equipment, remodeling, redecoration, changing color schemes, and modifications and/or repairs to existing improvements.
Franchisor may require Franchisee to perform remodeling and to purchase equipment at such times as Franchisor, in its sole discretion, deems necessary and reasonable; provided, that Franchisor may not require any remodeling requiring an expenditure in excess of Thirty Thousand Dollars ($30,000) during the first two (2) years of the Initial Term unless the expenditure is necessary for menu item production as determined by Franchisor.
FRANCHISEE ACKNOWLEDGES THAT EQUIPMENT, ALTERATIONS AND RENOVATIONS REQUIRED BY FRANCHISOR MAY INVOLVE SUBSTANTIAL ADDITIONAL INVESTMENT BY FRANCHISEE DURING THE INITIAL TERM.
In the event of Franchisee's delay, refusal, or failure to make repairs or modifications to the Premises as specified by this Section 10(c), Franchisor or its agents may enter the Premises, without further notice and without liability for trespass or other tort and with Franchisee's complete cooperation, and remove, repair, and/or replace, at Franchisee's expense, any items which do not conform to Franchisor's then-current standards and specifications or which are not in conformity with Franchisee's obligation to maintain the Franchised Business and the Premises in the highest degree of repair and condition.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, the franchisee is responsible for the initial construction or remodeling of the shop at their own expense. The franchisee must also equip, staff, and open the shop at the designated location. Unless Burneys Sweets More agrees otherwise in writing, the franchisee is required to commence operating the shop within one year of signing the Franchise Agreement. Failure to open the shop on time constitutes a default under the agreement.
Burneys Sweets More also reserves the right to require franchisees to generally refurbish the franchised business and/or the premises at the franchisee's expense. This is to ensure that it conforms to the current image of Burneys Sweets More franchises. This may include structural changes, installing new materials and equipment, remodeling, redecoration, changing color schemes, and modifications or repairs to existing improvements.
Burneys Sweets More can require remodeling and equipment purchases when deemed necessary, but expenditures exceeding $30,000 within the first two years of the initial term are restricted unless required for menu item production. The franchisee acknowledges that these alterations and renovations may involve substantial additional investment during the initial term. If the franchisee delays or fails to make the required repairs or modifications, Burneys Sweets More can enter the premises and complete the work at the franchisee's expense.