How long is the 'Restrictive Period' for a Burneys Sweets More franchise?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
(f) "Restrictive Period" shall mean a period of two (2) years that begins the earlier of (i) the date of termination, expiration, or non-renewal of the Franchise Agreement, regardless of the reason for such termination, expiration, or non-renewal, or (ii) the date Associate's association with Franchisee or the Franchised Business ends for any reason, including but not limited to, divorce, separation, sale, termination, or transfer.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, the 'Restrictive Period' is defined as a period of two years. This period begins on the earlier of two dates: either the date of termination, expiration, or non-renewal of the Franchise Agreement, regardless of the reason, or the date an associate's involvement with the franchisee or the franchised business ends for any reason, including divorce, separation, sale, termination, or transfer.
During this restrictive period, franchisees and their owners are subject to certain covenants, particularly regarding non-solicitation and unfair competition within a defined 'Restrictive Territory'. These covenants prevent franchisees from soliciting vendors or customers of the Burneys Sweets More shop to benefit a competitive business. The restrictive territory includes the location of the franchised business, the territory served by the franchisee, territories where Burneys Sweets More or its affiliates operate, territories of other Burneys Sweets More franchisees, and an area within a 10-mile radius of the franchised business and other Burneys Sweets More shops.
It's important to note that if a franchisee violates any of the provisions within Section 14 of the Franchise Agreement, the Restrictive Period will be extended by a length of time equal to the period of the violation. This means that any breach of contract can prolong the period during which the franchisee is restricted from engaging in competitive activities. This clause is designed to protect Burneys Sweets More's business interests and ensure fair competition post-termination or transfer of the franchise.