What is the name of the Noncompetition Agreement related to Burneys Sweets More?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) "Competitive Business" as used in this Agreement means any business or commercial activity, other than a BURNEY'S SWEETS & MORE business that Franchisee is authorized by Franchisor to operate, that receives twenty-five percent (25%) or more of its gross sales from the sale of bakery items, including, but not limited to, cakes, croissants, and/or pies, and related items on a dine-in or carry-out basis, or that sells any amount of glazed and deep-fried croissants.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
I am unable to provide the specific name of the Noncompetition Agreement for Burneys Sweets More, according to the 2025 Franchise Disclosure Document excerpts provided. While the excerpts discuss obligations upon termination, restrictions on using the Burneys Sweets More system and marks, and definitions of terms like "Competitive Business" and "Confidential Information," they do not explicitly title or name a specific Noncompetition Agreement.
However, the FDD excerpts do define what constitutes a "Competitive Business" which is relevant to understanding the scope of post-termination restrictions. A Competitive Business is defined as any business, other than an authorized Burneys Sweets More franchise, that derives 25% or more of its gross sales from bakery items like cakes, croissants, or pies, or sells any amount of glazed and deep-fried croissants. This definition is important for franchisees to understand, as it clarifies what types of businesses would be considered competitive and therefore potentially restricted after leaving the Burneys Sweets More system.
To fully understand the non-competition obligations, a prospective Burneys Sweets More franchisee should ask the franchisor for a copy of the specific Noncompetition Agreement, if it exists as a standalone document, or clarify which sections of the franchise agreement outline the non-compete terms, duration, and geographic scope. Understanding these details is crucial for assessing the limitations a franchisee will face after the franchise relationship ends.