Can the renewal franchise agreement for Burneys Sweets More be amended?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
e).
- (v) Renewal Agreement. Franchisee, its Owners, and its guarantors execute and deliver to Franchisor, within thirty (30) days after delivery to Franchisee, the form of BURNEY'S SWEETS & MORE franchise agreement and ancillary agreements, which agreements shall supersede this which agreements shall supersede this Agreement in all respects, and the terms, conditions, obligations, rights, and other provisions that are substantially and materially different from those spelled out in this Agreement (including, for example, different performance standards, fee structures, increased fees and/or reduced territory protections) ("Renewal Agreement").
- (vi) Renewal Fee. Franchisee has paid to Franchisor a renewal fee of Eight Thousand Five Hundred Dollars ($8,500), which fee shall be due in immediately available funds upon the execution of the Renewal Agreement. For the avoidance of doubt, Franchisee shall pay the aforementioned renewal fee prior to each Renewal Term.
- (vii) Release. Franchisee; Owners; guarantors of the Franchisee; for themselves and on behalf of their respective predecessors, affiliates, shareholders, members, partners, officers, directors, managers, employees, agents, representatives, attorneys, accountants, personal representatives, heirs, executors, administrators, successors, and assigns (collectively, "Releasors") execute and deliver to Franchisor a general release, in the form prescribed by Franchisor, releasing, to the fullest extent permitted by law, all claims that Releasors may have against Franchisor; Franchisor's predecessors, and affiliates and their respective shareholders, members, partners, officers, directors, managers, employees, agents, representatives, attorneys, accountants, guarantors, successors, and assigns, in both their corporate and individual capacit
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, the renewal agreement will supersede the original agreement in all respects and may contain terms, conditions, obligations, rights, and other provisions that are substantially and materially different from those in the original agreement. These differences can include different performance standards, fee structures, increased fees, and/or reduced territory protections.
To renew the franchise agreement, a Burneys Sweets More franchisee must execute and deliver the Burneys Sweets More franchise agreement and ancillary agreements to the franchisor within 30 days of receiving them. The franchisee must also pay a renewal fee of $8,500 before each Renewal Term.
Additionally, the franchisee, owners, and guarantors must execute and deliver a general release to Burneys Sweets More, releasing all claims against the franchisor and its affiliates. This indicates that the renewal agreement is not simply an extension of the original terms but a completely new agreement that may significantly alter the franchisee's obligations and the franchisor's rights.