Does the Burneys Sweets More franchisee's territory include enclosed malls?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
Notwithstanding anything in this Agreement to the contrary, Franchisee's Territory excludes enclosed malls, commercial kitchens, grocery stores, convenience stores, gas stations, hospitals, military installations, schools, airports, parks (including theme parks), sports arenas, traveling carts or food trucks, and similar venues ("Non-Traditional Locations").
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, a franchisee's territory specifically excludes enclosed malls. The document states that the territory granted to a franchisee does not include what it defines as "Non-Traditional Locations".
Burneys Sweets More defines Non-Traditional Locations as enclosed malls, commercial kitchens, grocery stores, convenience stores, gas stations, hospitals, military installations, schools, airports, parks (including theme parks), sports arenas, traveling carts or food trucks, and similar venues. This means that while a franchisee is typically granted an exclusive territory, this exclusivity does not extend to these types of locations.
This exclusion of enclosed malls and other non-traditional locations from the franchisee's territory allows Burneys Sweets More to establish shops in these venues without infringing on the franchisee's territorial rights. A prospective franchisee should consider this when evaluating the potential market and competition in their area, as the franchisor retains the right to operate or license additional Burneys Sweets More locations in these excluded areas.