Which items in the Burneys Sweets More Disclosure Document relate to pre-opening purchases/leases?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 11: FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING]
them to you. We do not deliver or install these items. You will be responsible for ordering and handling the costs of such items. (Franchise Agreement Section 4(a)(ii) – (iii))
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- Consultation Services. We are not required to provide you other supervision, assistance or services prior to the opening of your Shop. (Franchise Agreement Section 4.) However, if requested, we will advise on additional topics related to the opening of your Shop.
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- Pre-Opening On-Site Assistance/Training. At about the time of opening we may, but are not obligated to, send an officer, staff member, or a designated franchisee or contractor to provide on-site training prior to or within 2 weeks after your opening and, if possible, to attend the opening of your Shop. If provided, our designee will assist you in putting the BURNEY'S SWEETS & MORE system into operation.
[Item 22: CONTRACTS]
- (b) Legal Expenses. Franchisor may in certain situations incur legal expenses while providing assistance to Franchisee with respect to, without limitation, lease negotiations, or other legal compliance issues. Such assistance may be at the request of Franchisee or required by Franchisor and may be provided by Franchisor in-house or by outside counsel; provided however, that Franchisor shall have the sole discretion as to whether or not to provide legal assistance. In the event Franchisor does incur legal expenses on behalf of Franchisee, Franchisee shall reimburse Franchisor for such expenses immediately upon notice from Franchisor. Franchisor may, at its option, be reimbursed by EFT.
- (c) Acknowledgement. FRANCHISEE AGREES THAT FRANCHISOR IS NOT OBLIGATED TO PROVIDE ANY TRAINING OR ASSISTANCE TO FRANCHISEE'S PARTICULAR LEVEL OF SATISFACTION, BUT AS A FUNCTION OF FRANCHISOR'S EXPERIENCE, KNOWLEDGE AND JUDGMENT. FRANCHISEE ALSO ACKNOWLEDGES THAT FRANCHISOR IS NOT OBLIGATED TO PROVIDE ANY SERVICES TO FRANCHISEE THAT ARE NOT SET FORTH IN THIS AGREEMENT. IF FRANCHISEE BELIEVES FRANCHISOR HAS FAILED TO ADEQUATELY PROVIDE ANY PRE-OPENING SERVICES TO FRANCHISEE, WHETHER WITH RESPECT TO SITE SELECTION, SELECTION AND PURCHASE OF EQUIPMENT AND SUPPLIES, TRAINING, OR ANY OTHER MATTER AFFECTING THE ESTABLISHMENT OF FRANCHISEE'S SHOP, FRANCHISEE MUST NOTIFY FRANCHISOR IN WRITING WITHIN THIRTY (30) DAYS FOLLOWING THE OPENING OF FRANCHISEE'S SHOP OR FRANCHISEE WILL BE DEEMED TO CONCLUSIVELY ACKNOWLEDGE THAT ANY AND ALL PRE-OPENING SERVICES REQUIRED TO BE PROVIDED BY FRANCHISOR WERE SUFFICIENT AND SATISFACTORY IN FRANCHISEE'S JUDGMENT, AND COMPLIANT WITH ALL REPRESENTATIONS MADE TO FRANCHISEE. IF FRANCHISEE FAILS TO SO NOTIFY FRANCHISOR, FRANCHISEE WILL BE DEEMED TO HAVE WAIVED ALL CLAIMS RELATING TO OR ARISING FROM FRANCHISOR'S OBLIGATIONS TO PROVIDE PRE-OPENING ASSISTANCE.
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 23–25)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, Item 11 and Item 22 discuss aspects of pre-opening purchases and leases. Item 11 states that Burneys Sweets More does not deliver or install items, and the franchisee is responsible for ordering and handling the costs of such items. This means a prospective franchisee will need to manage the logistics and expenses related to acquiring necessary equipment and supplies to open their Burneys Sweets More shop.
Item 11 also mentions that Burneys Sweets More is not required to provide supervision, assistance, or services before the shop opens. However, if requested, they will advise on topics related to opening the shop. Additionally, Burneys Sweets More may send a representative for on-site training around the time of opening, but they are not obligated to do so. This highlights that while some support may be available, franchisees should be prepared to take a proactive role in the pre-opening phase.
Item 22 indicates that Burneys Sweets More may incur legal expenses while assisting franchisees with lease negotiations or other legal compliance issues. If this occurs, the franchisee is responsible for reimbursing Burneys Sweets More for these expenses. Furthermore, franchisees must notify Burneys Sweets More in writing within thirty days of opening if they believe pre-opening services were inadequate; otherwise, they waive all claims related to pre-opening assistance. This underscores the importance of carefully assessing and documenting any concerns during the pre-opening phase to preserve potential claims.