Does Burneys Sweets More reserve the right to involve its own counsel in the protection of its interests?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
on. If Franchisee requests
advice, information, or assistance at a level greater than what is provided to other franchisees, Franchisor reserves the right to charge Franchisee its then-current training fee; and
- (vii) Information. Franchisor shall communicate to Franchisee information relating to the operation of a BURNEY'S SWEETS & MORE Shop, and to the extent necessary or pertinent to the operation of the Shop, Franchisor's know-how, new developments, techniques and improvements in the areas of Shop management, employee training, marketing and food preparation and service.
- (b) Legal Expenses. Franchisor may in certain situations incur legal expenses while providing assistance to Franchisee with respect to, without limitation, lease negotiations, or other legal compliance issues. Such assistance may be at the request of Franchisee or required by Franchisor and may be provided by Franchisor in-house or by outside counsel;
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, Burneys Sweets More may incur legal expenses while assisting a franchisee with issues such as lease negotiations or other legal compliance matters. This assistance can be provided at the franchisee's request or when required by Burneys Sweets More. Burneys Sweets More has the sole discretion to decide whether or not to provide this legal assistance.
Burneys Sweets More can provide assistance through in-house counsel or outside counsel. If Burneys Sweets More incurs legal expenses on behalf of the franchisee, the franchisee is responsible for reimbursing Burneys Sweets More for these expenses immediately after receiving notice. Burneys Sweets More may choose to be reimbursed through Electronic Funds Transfer (EFT).
This means that while Burneys Sweets More may offer legal assistance, it is not obligated to do so. If they do provide assistance and incur legal costs, the franchisee is responsible for covering those costs. A prospective franchisee should clarify the circumstances under which Burneys Sweets More would offer legal assistance and what types of legal issues they typically assist with.