What is the length of time a Burneys Sweets More franchisee has to cure a default?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
Except for those defaults provided for under Sections 17(a) or 17(b), Franchisee shall be in default hereunder for any failure to maintain or comply with any of the terms, covenants, specifications, standards, procedures or requirements imposed by this Agreement or in any Brand Standards Manual, policy and procedure statement or other written document provided by Franchisor, or to carry out the terms of this Agreement in good faith.
For such defaults, Franchisor will provide Franchisee with written notice and fifteen (15) days to cure or, if a default cannot reasonably be cured within fifteen (15) days, to initiate within that time substantial and continuing action to cure such default and to provide Franchisor with evidence of such actions.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, if a franchisee fails to maintain or comply with the terms of the agreement, or any Brand Standards Manual, policy, or procedure, Burneys Sweets More will provide written notice of the default. The franchisee then has fifteen days to cure the default.
However, if the default cannot reasonably be cured within fifteen days, the franchisee must initiate substantial and continuing action to cure the default within that fifteen-day period and provide evidence of such actions to Burneys Sweets More. This means that while some defaults require complete resolution within 15 days, others allow for an extended cure period if the franchisee demonstrates a serious and ongoing effort to fix the problem.
It is important to note that this cure period does not apply to all types of defaults. The FDD specifies that certain defaults listed under Sections 17(a) or 17(b) of the agreement may not be subject to this cure period, potentially leading to immediate termination. A prospective franchisee should carefully review Section 17 to understand which defaults allow for a cure period and which do not.