What representation must a Burneys Sweets More franchisee make regarding their investigation of the franchise?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
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)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, a franchisee must notify the franchisor in writing within thirty days of opening their shop if they believe Burneys Sweets More has failed to adequately provide any pre-opening services. These services include site selection, equipment and supplies, and training. If the franchisee does not provide this notice within the specified timeframe, they will be deemed to have acknowledged that all pre-opening services were sufficient and satisfactory.
This clause essentially requires the franchisee to promptly raise any concerns about the pre-opening support they received. By requiring written notification within 30 days of opening, Burneys Sweets More sets a clear deadline for franchisees to voice any complaints. This protects Burneys Sweets More from potential future claims related to inadequate pre-opening assistance.
The franchisee is essentially waiving their right to claim that Burneys Sweets More did not fulfill its pre-opening obligations if they fail to notify the franchisor within the 30-day period. This underscores the importance of carefully assessing the pre-opening support and promptly communicating any issues to Burneys Sweets More. Franchisees should meticulously document all interactions and services provided during the pre-opening phase to ensure they can substantiate any claims if necessary.