Does Burneys Sweets More have an obligation to use its own funds to conduct advertising?

According to Burneys Sweets More's 2025 Franchise Disclosure Document, Burneys Sweets More is not obligated to use its own funds for advertising. However, Burneys Sweets More retains the right to use its own funds for advertising purposes from time to time. Burneys Sweets More has the sole discretion to determine the advertising products, media, source of advertising, and geographical markets for the advertising. Burneys Sweets More also has no obligation to supply franchisees with any advertising material produced at its sole expense.

Burneys Sweets More has established a Brand Fund, to which franchisees contribute 0.5% of monthly Gross Sales, although Burneys Sweets More reserves the right to raise the contribution up to 1.5% of Gross Sales. These funds are intended to support the development of new recipes and franchisee revenue sources, the evaluation and adoption of new technology, and the creation of marketing content and public relations materials. Burneys Sweets More has sole discretion over how the Brand Fund is spent to promote the Burneys Sweets More brand.

While Burneys Sweets More may provide advertising content for franchisees to use locally or regionally, franchisees are responsible for implementing promotional programs and placing advertising content at their own expense. Franchisees may also develop their own advertising materials, but Burneys Sweets More requires that these materials be submitted for approval before use. Failure to follow instructions regarding pre-approval of advertising materials will result in fines: $0 for the 1st infraction, $100 for the 2nd infraction, and $500 for the third or subsequent infraction.