Does Burneys Sweets More grant a protected territory to its franchisees?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
We will grant you a protected Territory within which we will not operate or license another party to operate a brick and mortar BURNEY'S SWEETS & MORE Shop, except that we have the right to operate or permit others to operate BURNEY'S SWEETS & MORE Shops in non-traditional sites such as malls, hospitals, convenience stores, schools, airports, parks (including theme parks), sports arenas, food trucks, and similar venues (all such Shops referenced herein as "Non-Traditional Shops"). We reserve the right to operate or license another to operate a Non-Traditional Shop within your protected Territory. If we or an affiliate or franchisee develop any Non-Traditional Shops in your protected Territory, you will not be entitled to any compensation from the Non-Traditional Shop.
You will compete with other BURNEY'S SWEETS & MORE franchisees, other shops, bakeries, convenience stores, restaurants, grocery and specialty stores that offer baked goods, croissants, donuts, coffee, and/or other similar items. These include national and regional chains as well as local operations. Your ability to succeed with this franchise will in part be determined by your ability to compete with these other bakery and restaurant establishments.
Source: Item 1 — THE FRANCHISOR AND ANY PARENTS, PREDECESSORS AND AFFILIATES (FDD pages 8–9)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, franchisees are granted a protected territory. Within this territory, Burneys Sweets More will not operate or license another party to operate a brick and mortar Burneys Sweets More shop. This offers a degree of exclusivity to the franchisee, preventing direct competition from other traditional Burneys Sweets More locations within their defined area. The typical Burneys Sweets More Shop is operated in leased, inline space that is about 1,500 to 2,200 square feet and is located near, but generally not on, main thoroughfares.
However, this protected territory has some exceptions. Burneys Sweets More retains the right to operate or permit others to operate Burneys Sweets More shops in non-traditional sites. These non-traditional locations include venues like malls, hospitals, convenience stores, schools, airports, parks (including theme parks), sports arenas, and food trucks. These are referred to as "Non-Traditional Shops." Burneys Sweets More reserves the right to operate or license another to operate a Non-Traditional Shop within a franchisee's protected territory.
Furthermore, the FDD states that franchisees will not be entitled to any compensation if Burneys Sweets More, an affiliate, or another franchisee develops any Non-Traditional Shops within their protected territory. This means that while a franchisee has some territorial protection against standard brick and mortar locations, they may still face competition from Non-Traditional Shops within their area without receiving any financial consideration. This is a common practice in franchising, as franchisors often seek to maximize brand presence through diverse channels.
Finally, the Burneys Sweets More FDD notes that franchisees will compete with other Burneys Sweets More franchisees, other shops, bakeries, convenience stores, restaurants, grocery and specialty stores that offer baked goods, croissants, donuts, coffee, and/or other similar items. These include national and regional chains as well as local operations. The ability to succeed with this franchise will in part be determined by the franchisee's ability to compete with these other bakery and restaurant establishments.