factual

What is the Burneys Sweets More franchisor's role in the site selection process?

Burneys_Sweets_More Franchise · 2025 FDD

Answer from 2025 FDD Document

ITEM 11. FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING

Except as listed below, we are not required to provide you with any assistance.

Pre-Opening Assistance:

After you sign your Franchise Agreement, but before you open your business:

    1. Training. We will offer you a training program at our training facility, as set forth in this Item below in more detail. (Franchise Agreement Section 4(a)(iv))
    1. Brand Standards Manual. We will lend you a set of our Brand Standards Manual. (Franchise Agreement Section 11(i))
    1. Site Selection. It is your responsibility to select and outfit your own location. We are not required to provide or assist you in locating a site or obtaining your business premises. However, if requested, we will advise you on recommended locations, remodeling of the premises, and the purchase or lease of equipment, signs, and fixtures. We must accept the site location and the lease if you do not own the premises. Our determination to accept or reject a site may be based on various criteria, including but not limited to business count, traffic count, accessibility, parking, visibility, competition, and license availability. You must send us all information we require for the proposed site. Generally, we accept or reject a site within 30 days of receiving the request. In the event we do not accept a proposed site by written notice to you within said 30 days such site shall be deemed rejected by us. It is your responsibility to ensure that your premises conforms to local ordinances and building codes as well as to obtain any required permits. It is also your responsibility to construct, remodel and decorate the premises. If you fail to execute a lease or purchase contract for the site within a reasonable amount of time after our acceptance of the site, we reserve the right to refer it to another franchise applicant or develop it as a company-owned business. If you fail to select a site that we accept and begin operation within 12 months, you will be in default under the franchise agreement and we may, in our sole discretion: (1) allow more time;

Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 25–33)

What This Means (2025 FDD)

According to Burneys Sweets More's 2025 Franchise Disclosure Document, franchisees are primarily responsible for selecting their site. Burneys Sweets More is not required to assist in locating a site or obtaining business premises. However, if requested by the franchisee, Burneys Sweets More will advise on recommended locations, remodeling of the premises, and the purchase or lease of equipment, signs, and fixtures.

Burneys Sweets More must formally accept the site location and the lease if the franchisee does not own the premises. The franchisor's determination to accept or reject a site may be based on criteria such as business count, traffic count, accessibility, parking, visibility, competition, and license availability. Franchisees must send all required information for the proposed site to Burneys Sweets More, who will generally accept or reject the site within 30 days of receiving the request. Failure to receive a written rejection within 30 days means the site is deemed rejected.

The franchisee is responsible for ensuring that the premises conforms to local ordinances and building codes and for obtaining any required permits. The franchisee is also responsible for the construction, remodeling, and decoration of the premises. If a franchisee fails to execute a lease or purchase contract within a reasonable time after Burneys Sweets More's acceptance of the site, Burneys Sweets More reserves the right to offer it to another applicant or develop it as a company-owned business. If a franchisee does not select an accepted site and begin operation within 12 months, they may be in default of the franchise agreement, potentially leading to termination without a refund.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.