Can the Burneys Sweets More franchisor revoke an exemption from Cooperative membership?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
- (vi) Notwithstanding the foregoing to the contrary, Franchisor, in its sole discretion, may grant to any BURNEY'S SWEETS & MORE franchised business an exemption from the requirement of membership in a Cooperative.
Such an exemption may be for any length of time and may apply to one (1) or more businesses owned by the exempted party.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, the franchisor has the authority to grant exemptions from Cooperative membership to franchisees. The franchisor may grant this exemption at its sole discretion to any Burneys Sweets More franchised business.
This exemption can be for any duration and may apply to one or more businesses owned by the franchisee. This implies that Burneys Sweets More retains control over Cooperative membership and can tailor exemptions to specific situations or franchisees.
While the FDD excerpt confirms the franchisor can grant exemptions, it does not explicitly state whether these exemptions can be revoked once granted. A prospective Burneys Sweets More franchisee should seek clarification from the franchisor regarding the conditions under which an exemption might be revoked, and what recourse, if any, the franchisee would have.