Does Burneys Sweets More retain a right of first refusal during a franchise transfer?

According to Burneys Sweets More's 2025 Franchise Disclosure Document, Burneys Sweets More waives any right of first refusal to purchase the Interests during a franchise transfer. This waiver is documented in a section addressing the transfer of a franchise location from a seller to a buyer. The franchisor's waiver is contingent upon specific terms and conditions being met by both the seller and the buyer before the transfer's closing date. These conditions likely ensure that the transfer process adheres to Burneys Sweets More's standards and protects its interests.

Specifically, the buyer is required to provide Burneys Sweets More with copies of all loan documents or loan commitments that evidence any debt taken on to purchase the franchised location. Additionally, before the closing and any change in possession of the franchised location, both the seller and the buyer must obtain written consent from Burneys Sweets More to change possession. These stipulations allow Burneys Sweets More to assess the buyer's financial stability and ensure a smooth transition of ownership and operational control.

Furthermore, the seller, the seller's guarantors, and the buyer must release Burneys Sweets More from any claims, demands, or liabilities related to their relationship. This release covers all potential issues arising from the Seller Franchise Agreement, the Buyer Franchise Agreement, or the Purchase Agreement associated with the transfer. This comprehensive release protects Burneys Sweets More from potential legal or financial repercussions stemming from the transfer process.

In consideration of the accommodations and concessions made by Burneys Sweets More during the transfer, the seller, the seller's guarantors, and the buyer agree not to disparage Burneys Sweets More or its brand. This includes refraining from any negative comments or actions that could harm the brand's reputation or goodwill. This non-disparagement clause ensures that all parties involved maintain a positive and respectful relationship with Burneys Sweets More, even after the transfer is complete.