Does Burneys Sweets More require franchisees to personally supervise the franchised business?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
We encourage but do not require you to personally supervise the franchised business, and prefer to select franchisees who favor and appear committed to a "hands on" and well-informed approach to the business. We strongly recommend that you devote a substantial amount of time to your BURNEY'S SWEETS & MORE Shop, whether or not you hire a manager. Franchisees who do not devote their full time and efforts to the establishment and operation of their Shops may have lower gross sales, higher operating costs and lesser name recognition in their areas than those franchisees who do devote their full efforts to the business. Examples of the types of functions which you might perform include supervision of employees, inventory checks, review of sales and food costs, bookkeeping and all reasonable efforts to ensure smooth and efficient operations.
The business must be directly supervised and managed by a person, identified to us and accepted by us, who has successfully completed our training program and passed a background check or for whom, based on his or her experience, we have waived these requirements
("Operations Manager"). The Operations Manager maybe you, if you are an individual, or a principal, if you are a legal entity. We do not require that your Operating Managers have any equity in the franchisee entity or receive any percentage of your revenues or profits. Your Operations Manager must be accepted by us and must execute a confidentiality and non-competition agreement similar to the one you will execute if you purchase a franchise from us.
All owners, officers, and owners' spouses must sign our form of non-competition, nonsolicit, and non-disclosure agreements. Owners and spouses will sign personal guarantees.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 39–40)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, while personal supervision by the franchisee is encouraged, it is not strictly required. Burneys Sweets More states a preference for franchisees who are committed to a "hands on" approach. However, franchisees are not mandated to devote their full time and effort to the shop. The FDD does note that franchisees who do not devote their full time and efforts to the establishment and operation of their Shops may experience lower gross sales, higher operating costs and lesser name recognition in their areas than those franchisees who do devote their full efforts to the business.
Instead of mandatory personal supervision, Burneys Sweets More requires that each shop be directly supervised and managed by an 'Operations Manager.' This Operations Manager must be identified to and accepted by Burneys Sweets More, complete the training program, and pass a background check. Burneys Sweets More may waive these requirements based on the person's experience. The Operations Manager can be the franchisee (if an individual) or a principal of the franchisee (if a legal entity).
This Operations Manager is not required to have any equity in the franchisee entity or receive a percentage of revenues or profits. The Operations Manager must also sign a confidentiality and non-competition agreement. All owners, officers, and owner's spouses must sign non-competition, non-solicit, and non-disclosure agreements, and owners and spouses will sign personal guarantees.