What is the purpose of the employee acknowledgment form for Burneys Sweets More franchisees?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
(c) Acknowledgement. FRANCHISEE AGREES THAT FRANCHISOR IS NOT OBLIGATED TO PROVIDE ANY TRAINING OR ASSISTANCE TO FRANCHISEE'S PARTICULAR LEVEL OF SATISFACTION, BUT AS A FUNCTION OF FRANCHISOR'S EXPERIENCE, KNOWLEDGE AND JUDGMENT. FRANCHISEE ALSO ACKNOWLEDGES THAT FRANCHISOR IS NOT OBLIGATED TO PROVIDE ANY SERVICES TO FRANCHISEE THAT ARE NOT SET FORTH IN THIS AGREEMENT. IF FRANCHISEE BELIEVES FRANCHISOR HAS FAILED TO ADEQUATELY PROVIDE ANY PRE-OPENING SERVICES TO FRANCHISEE, WHETHER WITH RESPECT TO SITE SELECTION, SELECTION AND PURCHASE OF EQUIPMENT AND SUPPLIES, TRAINING, OR ANY OTHER MATTER AFFECTING THE ESTABLISHMENT OF FRANCHISEE'S SHOP, FRANCHISEE MUST NOTIFY FRANCHISOR IN WRITING WITHIN THIRTY (30) DAYS FOLLOWING THE OPENING OF FRANCHISEE'S SHOP OR FRANCHISEE WILL BE DEEMED TO CONCLUSIVELY ACKNOWLEDGE THAT ANY AND ALL PRE-OPENING SERVICES REQUIRED TO BE PROVIDED BY FRANCHISOR WERE SUFFICIENT AND SATISFACTORY IN FRANCHISEE'S JUDGMENT, AND COMPLIANT WITH ALL REPRESENTATIONS MADE TO FRANCHISEE. IF FRANCHISEE FAILS TO SO NOTIFY FRANCHISOR, FRANCHISEE WILL BE DEEMED TO HAVE WAIVED ALL CLAIMS RELATING TO OR ARISING FROM FRANCHISOR'S OBLIGATIONS TO PROVIDE PRE-OPENING ASSISTANCE.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
Based on the 2025 Burneys Sweets More Franchise Disclosure Document, there is no mention of a specific "employee acknowledgment form." However, the document does outline an acknowledgement that the franchisee must make regarding training and pre-opening services provided by the franchisor.
Specifically, the franchisee acknowledges that Burneys Sweets More is not obligated to provide training or assistance to the franchisee's particular level of satisfaction, but rather as a function of the franchisor's experience, knowledge, and judgment. The franchisee also acknowledges that Burneys Sweets More is not obligated to provide any services that are not explicitly set forth in the agreement.
Furthermore, the franchisee must notify Burneys Sweets More in writing within thirty days following the opening of the shop if they believe the pre-opening services were inadequate. Failure to do so will be deemed as conclusive acknowledgment that all pre-opening services were sufficient and satisfactory. This clause essentially requires the franchisee to promptly raise any concerns about the support received during the setup phase to avoid waiving any claims related to pre-opening assistance. A prospective franchisee should discuss with the franchisor what specific forms or acknowledgements are required regarding employee training and operational standards.