Can Burneys Sweets More modify the System and its components?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
B. The distinguishing characteristics of the System include the name "BURNEY'S SWEETS & MORE," special recipes and menu items, including proprietary methods of preparation, and enhancing bakery products, unique interior and exterior building design and appearance and consistency, and uniformity of products and services, all of which may be improved, amended and further developed by Franchisor from time to time.
(d) Discontinuance of Use: Additional Marks.
Franchisor has 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 Franchisor, in its sole discretion, determines that change, revision, or substitution of different Marks will be beneficial to the System.
In such circumstances, the use of the substitute proprietary marks shall be governed by the terms of this Agreement.
Franchisee shall comply with each such change, revision, or substitution and bear all expenses associated therewith.
In the event that a court of competent jurisdiction should order, or if Franchisor in its sole discretion should deem it necessary or advisable, Franchisee shall modify or discontinue use of any Mark.
Franchisee shall comply with Franchisor's directions regarding any such Mark within thirty (30) days after receipt of notice from Franchisor or, if such modification or discontinuance is court-ordered, immediately.
Franchisor shall not be obligated to compensate Franchisee for any costs or expenses incurred by Franchisee in connection with any such modification or discontinuance.
Franchisee shall also use such additional or substitute Marks as Franchisor shall direct.
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 retains the right to modify and improve the System. The System includes methods of operation, know-how, experience, and the overall form of operation for Burneys Sweets More shops. The distinguishing characteristics of the System, such as the Burneys Sweets More name, special recipes, menu items, preparation methods, bakery product enhancements, and the unique interior and exterior design of the shops, are all subject to change and further development by Burneys Sweets More.
Burneys Sweets More also has the right to change, revise, or substitute different Marks (service marks, trade names, and trademarks) used to identify the System, the Shop, and the products sold. If Burneys Sweets More determines that such changes will benefit the System, franchisees are obligated to comply with these changes and bear any associated expenses. This includes using additional or substitute Marks as directed by Burneys Sweets More.
In the event that a court orders, or Burneys Sweets More deems it necessary, a franchisee must modify or discontinue the use of any Mark. Franchisees must comply with these directions within thirty days of notice from Burneys Sweets More or immediately if the modification or discontinuance is court-ordered. Burneys Sweets More is not obligated to compensate franchisees for any costs incurred due to these modifications or discontinuances. This gives Burneys Sweets More significant control over the brand's image and offerings, requiring franchisees to adapt to changes at their own expense.