How will Burneys Sweets More notify franchisees of changes to the System?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
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 the 2025 Burneys Sweets More FDD, Burneys Sweets More 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 Burneys Sweets More, in its sole discretion, determines that change, revision, or substitution of different Marks will be beneficial to the System. Franchisees are obligated to comply with each such change, revision, or substitution and bear all expenses associated with it.
Burneys Sweets More will notify franchisees of any Mark changes, modifications, or discontinuations. Franchisees must comply with Burneys Sweets More's directions regarding any such Mark within thirty (30) days after receipt 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 or expenses incurred in connection with any such modification or discontinuance. Franchisees shall also use such additional or substitute Marks as Burneys Sweets More shall direct.
This means that Burneys Sweets More franchisees must be prepared to update signage, marketing materials, and other branded items at their own expense when Burneys Sweets More decides to make changes to the Marks. The franchisee has a short window to implement changes after receiving notice, and failure to comply could result in a breach of the franchise agreement. This is a fairly standard clause in franchise agreements, as franchisors need the flexibility to update their branding to stay competitive and relevant.