From whom does Burneys Sweets More require acceptance of the premises if the franchisee intends to own it?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
es.
6. Premises.
- (a) Premises. Franchisee shall obtain Franchisor's acceptance of the Location. Franchisee is responsible for constructing, renovating or up fitting or causing to be constructed, renovated or up fitted, the Shop. Within six (6) months after the Effective Date of this Agreement, Franchisee shall acquire or lease, at Franchisee's expense, commercial real estate that is properly zoned for the operation of the Franchised Business. Failure by Franchisee to acquire or lease a site for the Franchised Business within the time required herein shall constitute a default under this Agreement, and Franchisor, in its sole discretion, may terminate the Franchise Agreement pursuant to the terms of Section 17 of this Agreement. The building at the accepted Location that will serve as the premises for operations of the Shop (the "Premises") is subject to the following:
- (i) Leased Premises. Franchisee shall obtain Franchisor's acceptance of the lease. If Franchisee intends to lease the Premises, Franchisee shall submit to Franchisor executed copies of all such leases immediately after execution and at such other times as Franchisor may request. The term of the leases plus all options for Franchisee to renew shall together equal or exceed the Initial Term and any Renewal Term. All leases pertaining to the Premises shall also include an Addendum in the form of Attachment 2 attached hereto, or shall contain terms and conditions substantially similar to those contained in Attachment 2 which Franchisor has approved in writing. Franchisor shall not represent Franchisee in a legal capacity and advises Franchisee to seek independent legal counsel in the review and negotiation of its lease agreement.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, if a franchisee intends to own the premises for their Burneys Sweets More shop, they must obtain acceptance of the premises from Burneys Sweets More. The franchisee must also furnish Burneys Sweets More with proof of ownership before starting any construction, build-out, or remodeling.
This requirement ensures that the location and condition of the owned premises meet Burneys Sweets More's standards before the franchisee invests in developing the site. It protects Burneys Sweets More's brand image and operational consistency.
If the franchisee proposes to lease the premises from a Related Party (an owner, affiliate, shareholder, member, manager, director, guarantor, or officer of Franchisee, or from any person or entity related to or affiliated with Franchisee or one or more of Franchisee's Owners, affiliates, shareholders, members, managers, directors, guarantors, or officers), Burneys Sweets More may require the Related Party to.