What is Burneys Sweets More franchisee's responsibility regarding their plan for transmitting advertisements?
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)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, franchisees have the right to conduct supplemental advertising at their own expense, in addition to the advertising specified in Section 8 of the agreement. However, all supplemental advertising must either be prepared by Burneys Sweets More or approved by them, as detailed in Section 8(f). This ensures that all advertising aligns with the brand's standards and image.
Burneys Sweets More franchisees are also responsible for arranging the listing of their franchised business's telephone number and email address in any print or online directory designated by the franchisor under the name "BURNEY'S SWEETS & MORE" or another designated name. Any advertising and promotion beyond a simple listing of name, address, and telephone number is subject to Burneys Sweets More's approval. Burneys Sweets More retains the right to arrange directory listings for franchisees at the franchisee's expense.
For any advertising and promotional materials not prepared or previously approved by Burneys Sweets More within 90 days of their intended use, franchisees must submit these materials to Burneys Sweets More for approval. If the franchisee does not receive approval within 20 days from the date Burneys Sweets More receives the materials, the materials are considered disapproved. This process ensures that Burneys Sweets More maintains control over its brand image and marketing strategies, while still allowing franchisees some flexibility in local advertising efforts.