What is the franchisee's responsibility regarding the suitability of the premises for a Burneys Sweets More franchise?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
- (iii) Suitability of Premises.
Regardless of whether the Premises are owned or leased, it shall be the responsibility of Franchisee to determine that the Premises can be used, under all applicable laws and ordinances, for the purposes provided herein and that the Premises can be constructed or remodeled in accordance with the terms of this Agreement.
Franchisee shall obtain all permits and licenses that may be required to construct, remodel and operate the Shop.
Franchisee agrees that the Premises will not be used for any purpose other than the operation of the Shop in compliance with this Agreement.
Franchisee is responsible for constructing, renovating or upfitting or causing to be constructed, renovated or up fitted, the Shop.
FRANCHISEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT FRANCHISOR'S ACCEPTANCE OF A SITE FOR FRANCHISEE'S SHOP IS NOT AND SHALL NOT BE CONSTRUED AS A GUARANTEE OR ASSURANCE THAT THE BUSINESS WILL BE PROFITABLE.
Franchisor's acceptance of a site indicates only that Franchisor believes the site complies with acceptable minimum criteria established by Franchisor solely for its purposes as of the time of the evaluation.
Both Franchisee and Franchisor acknowledge that application of criteria that may have been effective with respect to other sites and premises may not be predictive of potential for all sites and that, subsequent to Franchisor's acceptance of a site, demographic and/or economic factors, such as competition from other similar businesses, included in or excluded from Franchisor's criteria could change, thereby altering the potential of a site or lease.
Such factors are unpredictable and are beyond Franchisor's control.
Franchisor shall not be responsible for the failure of a site accepted by Franchisee to meet Franchisee's expectations as to revenue or operational criteria.
Franchisee further acknowledges and agrees that its acceptance of a franchise for the operation of the Shop at the site is based on its own independent investigation of the suitability of the site.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, it is the franchisee's responsibility to ensure the premises are suitable for the Burneys Sweets More shop. This includes determining that the premises can be used for the intended purpose under all applicable laws and ordinances. The franchisee must also ensure the location can be constructed or remodeled according to the franchise agreement.
This means the franchisee must conduct their own due diligence to confirm the location meets all legal and regulatory requirements for operating a Burneys Sweets More franchise. This includes zoning laws, building codes, and any other local ordinances that may apply. The franchisee is also responsible for obtaining all necessary permits and licenses required for construction, remodeling, and operation of the shop.
Burneys Sweets More's acceptance of a site does not guarantee the business will be profitable. The franchisor's approval only indicates that the site meets the minimum criteria established by Burneys Sweets More at the time of evaluation. Demographic and economic factors can change, and Burneys Sweets More is not responsible if the site fails to meet the franchisee's expectations regarding revenue or operational criteria. The franchisee's acceptance of the franchise location is based on their own independent investigation of the site's suitability.
In summary, while Burneys Sweets More may offer guidance or site selection assistance, the ultimate responsibility for verifying the suitability of the premises lies with the franchisee. This includes legal compliance, construction feasibility, and assessing the potential for profitability based on independent research.