What is the Burneys Sweets More franchisee's responsibility regarding the purchase or lease of equipment?
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.
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.
Such remodeling and re-equipping may include, without limitation, replacing worn out, obsolete, or dated equipment, fixtures, furnishings and signs;
structural modifications, redecorating; or purchasing more efficient or improved equipment.
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 equipping their shop at their own expense. This includes constructing or remodeling the shop location in accordance with the franchise agreement. The franchisee must also staff and operate the shop according to the agreement.
Burneys Sweets More also reserves the right to require franchisees to refurbish their franchised business and premises at the franchisee's expense. This may be necessary to conform to the brand's current image, including structural changes, new materials and equipment, remodeling, redecoration, and modifications or repairs. This re-equipping can include replacing outdated equipment, fixtures, furnishings, and signs, or purchasing more efficient equipment.
Burneys Sweets More can mandate these changes when deemed necessary, but cannot require remodeling expenses exceeding $30,000 during the first two years of the franchise term, unless it is essential for menu item production. The franchisee acknowledges that these required equipment upgrades and renovations may involve substantial additional investment during the initial term. If a franchisee fails to make the required repairs or modifications, Burneys Sweets More has the right to enter the premises and make the changes at the franchisee's expense.