Can Burneys Sweets More modify the services offered by the Shop?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
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(b) Reservation of Rights. Franchisor grant franchises and the rights to develop and operate a BURNEY'S SWEETS & MORE Shop only pursuant to the express terms of written agreements and not orally. All rights that are not granted to Franchisee in this Agreement are specifically reserved to Franchisor, and Franchisor will not be restricted in any manner from exercising them nor will Franchisor be required to compensate Franchisee should Franchisor exercise them. This includes the right, directly or through others and regardless of either (a) proximity to Franchisee's Shop or Territory or (b) any actual or threatened impact on sales of Franchisee's Shop to:
- (i) use the Marks and System in connection with establishing and operating BURNEY'S SWEETS & MORE shops at any location outside the Territory;
- (ii) use the Marks or other marks in connection with selling or distributing any goods (including branded merchandise) or services anywhere in the world (including within the Territory), whether or not Franchisee also offers them, through channels of distribution other than a BURNEY'S SWEETS & MORE Shop (including, for example, other permanent or temporary retail locations, kiosks, carts, food trucks, catalogs, mail order, or the internet or other electronic means or through delivery by Franchisor, Franchisor's affiliates, Franchisor's franchisees, and/or third party delivery services);
- (iii) acquire, establish or operate, without using the Marks, any business of any kind at any location anywhere in the world (including within the Territory);
- (iv) use the Marks in connection with soliciting or directing advertising or promotional materials to customers anywhere in the world (including within the Territory); and
(v) establish or operate, or license other persons to establish or operate, a BURNEY'S SWEETS & MORE business within any Non-traditional Locations anywhere in the world (including within the Territory).
(c) Alternate Channels of Distribution. Franchisee may offer and sell approved products and services only on-site from the Shop except as Franchisor otherwise approves in advance, and in such event only in accordance with the requirements of this Agreement and the procedures set forth in the Brand Standards Manual. Franchisee may not offer or sell products through any other means or locations, including via the internet.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More FDD, Burneys Sweets More retains specific rights regarding the services and products offered. The franchise agreement grants franchisees the right to operate a Burneys Sweets More shop under the Burneys Sweets More system. However, all rights not explicitly granted to the franchisee are reserved by Burneys Sweets More. This reservation of rights allows Burneys Sweets More to sell goods or services through other channels of distribution, regardless of any impact on the franchisee's sales.
Burneys Sweets More has the right to modify or discontinue the use of any mark and the franchisee must comply with these changes, bearing all associated expenses. This includes the right to change, revise, or substitute different Marks for use in identifying the System, the Shop, and the products sold or offered for sale through the Shop, if Burneys Sweets More, in its sole discretion, determines that change, revision, or substitution of different Marks will be beneficial to the System. Franchisees are required to comply with these changes and bear any associated costs.
Franchisees can only offer and sell approved products and services on-site from the shop, unless Burneys Sweets More approves otherwise in advance. Any such sales must comply with the franchise agreement and the Brand Standards Manual. Franchisees are prohibited from selling products through other means, including the internet, without prior approval. This indicates that Burneys Sweets More maintains control over the products and services offered and the channels through which they are sold, giving them the ability to modify the services offered by the shop.