Can Burneys Sweets More modify the policies and procedures of the Brand Standards Manual?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges and agrees that all information in the Brand Standards Manual, policy and procedure statements and other notices constitute confidential information and trade secrets, and shall not be disclosed at any time by Franchisee.
Franchisee shall not copy, disclose, duplicate, record or otherwise reproduce, in whole or in part, for whatever reason, the Brand Standards Manual or any other communication or information provided by Franchisor.
Franchisor shall have the right to modify the policies and procedures of the Brand Standards Manual at any time, which modifications shall be binding upon Franchisee.
- (j) Variations in Standards.
Because complete and detailed uniformity under varying conditions may not be possible or practical, Franchisor specifically reserves the right, in its sole discretion and as it may deem in the best interests of Franchisee or the Chain, to vary standards within the Shop or any other Shop in the Chain based upon peculiarities of particular location or circumstances, including, but not limited to, density of population and other demographic factors, size of a franchisee's territory, business practices or customs, or any other condition which Franchisor deems to be of importance to the operation of such Shop or the Chain.
Franchisee acknowledges that because of these factors and others, there may be variations from standard specifications and practices throughout the Chain and that Franchisee shall not be entitled to require Franchisor to grant like or similar variations or privileges to Franchisee.
Franchisee understands and agrees that Franchisor has no obligation to waive, make any exceptions to, or permit Franchisee to deviate from, the standards of the System.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, Burneys Sweets More has the right to modify the policies and procedures within the Brand Standards Manual at any time. These modifications are then binding on the franchisee. This means that Burneys Sweets More can change the rules and guidelines for operating the franchise, and the franchisee must comply with these changes.
Burneys Sweets More also reserves the right to vary standards within any shop in the chain based on specific local conditions or circumstances. These can include population density, territory size, business practices, or any other condition Burneys Sweets More deems important. Franchisees acknowledge that variations from standard specifications and practices may exist throughout the chain and that they are not entitled to demand similar variations or privileges.
This clause also states that Burneys Sweets More has no obligation to waive, make exceptions to, or permit deviation from the system's standards. This reinforces Burneys Sweets More's control over brand standards and operational procedures, ensuring uniformity and quality across all franchise locations. Franchisees must stay informed of any changes to the Brand Standards Manual and adapt their business practices accordingly.