What is the purpose of the Addendum required by Burneys Sweets More?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
parents, affiliates, and subsidiaries; and their respective shareholders, members, partners, officers, directors, managers, employees, agents, representatives, attorneys, accountants, guarantors, successors, and assigns, in both their corporate and individual capacities (collectively, "Released Parties") from any and all claims, demands, obligations, actions, liabilities, defenses or damages of every kind and nature whatsoever, in law or in equity, whether known or unknown, which may hereafter be discovered, in connection with, as a result of, or in any way arising from, any relationship or transaction with the Released Parties, however characterized or described, from the beginning of time until the date of this Addendum.
- Non-Disparagement. Franchisee agrees not to, and to use its best efforts to cause its current and former shareholders, officers, directors, principals, agents, partners, employees, representatives, attorneys, spouses, and successors and assigns not to, disparage or otherwise speak or write negatively, directly or indirectly, of Franchisor or Franchisor Affiliates or their respective current and former agents, principals, officers, directors, shareholders, members, employees, franchisees, representatives, area directors, attorneys, parents, predecessors, affiliates, subsidiaries divisions, and successors and assigns, the BURNEY'S SWEETS & MORE brand, the BURNEY'S SWEETS & MORE system, or any other service-marked or trademarked concept of Franchisor, or which would subject the BURNEY'S SWEETS & MORE brand to ridicule, scandal, reproach, scorn, or indignity or which would negatively impact the goodwill of Franchisor or its brand.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, the Addendum to Franchise Agreement includes a release of claims and a non-disparagement clause. The franchisee agrees to release the franchisor and its affiliates from any claims or damages from any relationship or transaction with the released parties from the beginning of time until the date of the addendum.
Additionally, the franchisee agrees not to disparage Burneys Sweets More, its brand, system, or any other service-marked or trademarked concept of the franchisor. This extends to the franchisee's current and former shareholders, officers, directors, principals, agents, partners, employees, representatives, attorneys, spouses, successors, and assigns. The franchisee must also ensure these parties do not speak or write negatively about Burneys Sweets More.
This non-disparagement clause aims to protect the goodwill and reputation of the Burneys Sweets More brand. Breaching this clause could have legal and financial repercussions for the franchisee. Franchisees should carefully consider these conditions before signing the Addendum, as it significantly restricts their ability to voice concerns or criticisms about the franchise system.