factual

What happens to the Burneys Sweets More franchisee's Online Presences upon termination?

Burneys_Sweets_More Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (c) Return Franchisor's Property. Franchisee shall immediately return to Franchisor any property held or used by Franchisee which is owned by Franchisor, including the Customer Lists and Franchised Business Data, and shall cease to use, and either destroy or convey to Franchisor, all signs, advertising materials, displays, stationery, forms, and any other materials that bear or display the Marks. Franchisee shall deliver to Franchisor all login credentials associated with any directory, marketing, Computer Systems, Online Presences, and all other accounts and systems affiliated with the Franchised Business.

NOW THEREFORE, in consideration of the foregoing and Franchisor agreeing to enter into the Franchise Agreement, Franchisor and Franchisee agree as follows:

    1. 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").
    1. 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
  • (m) Third Party Notice.

Franchisee shall notify the telephone company, all telephone directory publishers, and all domain name registries and Internet service providers, or any provider of an Online Presence, of the termination or expiration of Franchisee's right to use any telephone, facsimile, Online Presence, or other numbers, names, telephone directory listings, or Online Presences, associated with any Mark, and/or instruct the telephone company, domain name registries, Online Presence service provider, and Internet service providers to forward all calls, emails and electronic communications made to Franchisee's names, numbers, or addresses to names, numbers, or addresses Franchisor specifies.

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 nonrenewal of the Franchise Agreement, the franchisee must deliver to Burneys Sweets More all login credentials associated with any Online Presences affiliated with the franchised business. Additionally, the franchisee agrees to assign to Burneys Sweets More any Online Presence that uses the Burneys Sweets More marks, is used in connection with the operation of the franchised business, or which the franchisee has been permitted by Burneys Sweets More to create. This includes all rights, title, and interest in the content of any Online Presence, whether now-existing or adopted by the franchisee in the future.

Burneys Sweets More has the right to effectuate the assignment of the listings to itself or a third party upon termination, expiration, or nonrenewal of the Franchise Agreement. If Burneys Sweets More exercises its assignment rights, the franchisee will have no further right, title, or interest in the listings. The franchisee is responsible for paying all amounts owed in connection with the listings, including sums owed to Burneys Sweets More, its affiliates, or approved suppliers.

Furthermore, the franchisee must notify any provider of an Online Presence of the termination or expiration of their right to use any Online Presences associated with any Burneys Sweets More mark. They must also instruct the Online Presence service provider to forward all electronic communications made to the franchisee's addresses to addresses Burneys Sweets More specifies. If the franchisee fails to do so, Burneys Sweets More can take action and sign documents on the franchisee's behalf to effect these events.

In summary, a Burneys Sweets More franchisee loses all rights to their online presence upon termination or non-renewal of the franchise agreement. They must transfer control and ownership to Burneys Sweets More and ensure all communications are forwarded as directed by the franchisor. This is a fairly standard practice in franchising to protect brand consistency and customer relationships.

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.