Is Burneys Sweets More responsible for selecting the location for my franchise?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Site Selection. It is your responsibility to select and outfit your own location. We are not required to provide or assist you in locating a site or obtaining your business premises. However, if requested, we will advise you on recommended locations, remodeling of the premises, and the purchase or lease of equipment, signs, and fixtures. We must accept the site location and the lease if you do not own the premises. Our determination to accept or reject a site may be based on various criteria, including but not limited to business count, traffic count, accessibility, parking, visibility, competition, and license availability. You must send us all information we require for the proposed site. Generally, we accept or reject a site within 30 days of receiving the request. In the event we do not accept a proposed site by written notice to you within said 30 days such site shall be deemed rejected by us. It is your responsibility to ensure that your premises conforms to local ordinances and building codes as well as to obtain any required permits. It is also your responsibility to construct, remodel and decorate the premises. If you fail to execute a lease or purchase contract for the site within a reasonable amount of time after our acceptance of the site, we reserve the right to refer it to another franchise applicant or develop it as a company-owned business. If you fail to select a site that we accept and begin operation within 12 months, you will be in default under the franchise agreement and we may, in our sole discretion: (1) allow more time; or (2) terminate your franchise agreement without any refund to you. (Franchise Agreement Section 6(a))
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 25–33)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, the franchisee is primarily responsible for site selection. Burneys Sweets More is not required to assist in locating a site or obtaining business premises. However, if the franchisee requests, Burneys Sweets More will advise on recommended locations, remodeling of the premises, and the purchase or lease of equipment, signs, and fixtures.
Burneys Sweets More must approve the site location and the lease if the franchisee does not own the premises. The franchisor's determination to accept or reject a site may be based on various criteria, including but not limited to business count, traffic count, accessibility, parking, visibility, competition, and license availability. The franchisee must send Burneys Sweets More all information required for the proposed site. Generally, Burneys Sweets More will accept or reject a site within 30 days of receiving the request; failure to respond within 30 days constitutes a rejection.
The franchisee is responsible for ensuring that the premises conforms to local ordinances and building codes, as well as obtaining any required permits. The franchisee is also responsible for constructing, remodeling, and decorating the premises. If the franchisee fails to execute a lease or purchase contract for the site within a reasonable amount of time after Burneys Sweets More's acceptance of the site, Burneys Sweets More reserves the right to refer it to another franchise applicant or develop it as a company-owned business. If the franchisee fails to select a site that Burneys Sweets More accepts and begin operation within 12 months, the franchisee will be in default under the franchise agreement, and Burneys Sweets More may either allow more time or terminate the franchise agreement without any refund to the franchisee.