What happens to the Burneys Sweets More franchisee's advertisements upon termination?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
- (h) Cooperate with Franchisor's Assumption Rights.
Franchisor shall have the option, to be exercised within thirty (30) days of termination, non-renewal, or expiration of this Agreement, to assume Franchisee's assumed name or equivalent registration and business licenses, telephone numbers, telephone directory listings and advertisements (whether in print or part of an Internet directory), and e-mail addresses and/or Internet domain names which contain the Mark of Franchisor or its affiliates, and Franchisee shall sign all documents necessary to permit Franchisor to assume Franchisee's rights in such items.
AGREEMENT
NOW THEREFORE, in consideration of the foregoing and Franchisor agreeing to enter into the Franchise Agreement, Franchisor and Franchisee agree as follows:
-
- Franchisee hereby agrees to assign to Franchisor: (i) those certain telephone numbers and regular, classified or other telephone directory listings used by Franchisee in connection with operating the BURNEY'S SWEETS & MORE franchised business, including personal cellphone numbers, (ii) all e-mail addresses that use the Marks or that are used by Franchisee in connection with the operation of the Franchised Business, (iii) any Online Presence (as that term is defined in the Franchise Agreement) which uses the Marks, which Franchisee uses in connection with the operation of the Franchised Business, or which Franchisee has been permitted by Franchisor to create, and (iv) all rights, title, and interest in the content of any Online Presence, whether now-existing or adopted by Franchisee in the future (collectively the "Listings").
-
- This Assignment is for collateral purposes only and, except as specified herein, Franchisor will have no liability or obligation of any kind whatsoever arising from or in connection with Franchisee's use of the Listings unless and until Franchisor notifies the telephone company, listing agencies, internet service providers, or other parties that provide the Listings (collectively, the "Providers") to effectuate the assignment pursuant to the terms hereof.
-
- Upon termination, expiration, or nonrenewal of the Franchise Agreement (without renewal or extension), Franchisor will have the right and is hereby empowered to effectuate the assignment of the Listings to itself or to any third party it designates. In the event Franchisor exercises its assignment rights Franchisee will have no further right, title or interest in the Listings; provided, however, Franchisee will pay all amounts owed in connection with the Listings, including all sums owed to Franchisor, Franchisor's affiliates, or Franchisor's approved suppliers
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, upon termination, expiration, or non-renewal of the Franchise Agreement, Burneys Sweets More has the option to assume the franchisee's advertisements. Specifically, Burneys Sweets More can take over the franchisee's assumed name or equivalent registration, business licenses, telephone numbers, telephone directory listings and advertisements (whether in print or part of an Internet directory), and e-mail addresses and/or Internet domain names which contain the Mark of Franchisor or its affiliates. This option must be exercised within thirty (30) days of termination, non-renewal, or expiration of the Agreement.
To facilitate this, the franchisee is obligated to sign all necessary documents to permit Burneys Sweets More to assume these rights. Furthermore, the franchisee agrees to assign to Burneys Sweets More those certain telephone numbers and regular, classified or other telephone directory listings used by Franchisee in connection with operating the BURNEY'S SWEETS & MORE franchised business, including personal cellphone numbers, all e-mail addresses that use the Marks or that are used by Franchisee in connection with the operation of the Franchised Business, any Online Presence which uses the Marks, which Franchisee uses in connection with the operation of the Franchised Business, or which Franchisee has been permitted by Franchisor to create, and all rights, title, and interest in the content of any Online Presence, whether now-existing or adopted by Franchisee in the future.
However, the franchisee remains responsible for paying all amounts owed in connection with these listings, including any sums owed to Burneys Sweets More, its affiliates, or its approved suppliers. This assignment is initially for collateral purposes, with Burneys Sweets More assuming no liability or obligation related to the franchisee's use of the listings until they notify the relevant providers to effectuate the assignment. After Burneys Sweets More exercises its assignment rights, the franchisee forfeits all rights, title, and interest in the listings.