For what purposes can the Brand Fund contributions for Burneys Sweets More be spent?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
(i) Use. Franchisor has the sole discretion to determine where the Brand Fund contributions will be spent to promote, enhance, or further the growth of the BURNEY'S
- SWEETS & MORE brand, shops, and System, including, but not limited to: research; promotional marketing, public relations, and advertising expenses to promote the brand; hiring marketing, public relations and advertising agencies, technology companies, or inhouse personnel to assist in developing the BURNEY'S SWEETS & MORE brand name; developing, evaluating, or using technologies that may benefit the brand, the customers, the franchisees, or the brand's reputation; developing new products and franchisee revenue sources; expenses associated with listings on websites, contest registrations, digital marketing content, influencer marketing, radio, billboard, TV, print, or internet advertising, and events and promotions designed to garner media attention and promote the brand name; brand partnerships; expenses associated with conducting market research; development of technology and enhancements for the brand; travel expenses in connection with promotions and marketing meetings, training, development of trademarks and trademarked materials; production of marketing, public relations, or digital or social media content, including, but not limited to, advertisements, coupons, and other promotional materials; expenses incurred in developing and maintaining non-franchise sales portion of an Online Presence; developing and maintaining any Online Presence; and expenses incurred in using search engine optimization, pay-per-click, or other digital marketing software, services, or companies to help promote the brand, and for any other use Franchisor determines.
Sums paid by Franchisee shall not be used to defray any of Franchisor's expenses, except for such reasonable administrative costs and overhead, if any, that Franchisor may incur in activities reasonably related to the administration or direction of the Brand Fund and promotion and advertising programs for franchisees and the System, including, among other things, the cost of personnel for creating and implementing the programs paid for by the Brand Fund.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, the franchisor has the sole discretion to determine how Brand Fund contributions are spent. These funds are used to promote, enhance, or further the growth of the Burneys Sweets More brand, shops, and overall system.
Specifically, the Brand Fund can cover a wide array of expenses, including research, promotional marketing, public relations, and advertising. This includes hiring agencies and personnel, developing and evaluating technologies, creating new products and revenue streams for franchisees, and managing website listings and digital marketing content. The fund also supports influencer marketing, radio, billboard, TV, print, and internet advertising, as well as events and promotions. Brand partnerships, market research, technology development, and travel expenses for marketing meetings and training are also covered.
Additionally, the Brand Fund can be used for the production of marketing materials, maintaining the online presence of non-franchise sales, and utilizing search engine optimization and pay-per-click advertising. The funds can also be used for any other purpose that Burneys Sweets More determines will benefit the brand. Sums paid by the franchisee cannot be used to defray Burneys Sweets More's expenses, except for reasonable administrative costs and overhead related to the Brand Fund's administration and promotion programs.
It is important to note that the Brand Fund is not an asset of Burneys Sweets More, and it is not audited. Burneys Sweets More has no obligation to provide franchisees with an accounting of Brand Fund expenditures. This lack of transparency might be a concern for some franchisees, as they have limited insight into how their contributions are being used.