Can Burneys Sweets More revoke approval for a franchisee's Online Presence?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
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- (c) Designation as Franchisee. Franchisee shall take such additional action as may be necessary under the laws of the state in which the Shop is operated to make clear to the public that Franchisee is an independent franchisee of Franchisor and not owned by Franchisor. Franchisee shall post in a conspicuous location at the business premises, as well as on invoices, purchase orders, marketing materials, Online Presences, and the like that "This BURNEY'S SWEETS & MORE franchise is independently owned and operated by [Franchisee entity name] under license from DMG BURNEY, INC."
- (d) Discontinuance of Use: Additional Marks. Franchisor has the right to change, revise, or substitute different Marks for use in identifying the System, the Shop, and the products sold or offered for sale through the Shop, if Franchisor, in its sole discretion, determines that change, revision, or substitution of different Marks will be beneficial to the System. In such circumstances, the use of the substitute proprietary marks shall be governed by the terms of this Agreement. Franchisee shall comply with each such change, revision, or substitution and bear all expenses associated therewith. In the event that a court of competent jurisdiction should order, or if Franchisor in its sole discretion should deem it necessary or advisable, Franchisee shall modify or discontinue use of any Mark. Franchisee shall comply with Franchisor's directions regarding any such Mark within thirty (30) days after receipt of notice from Franchisor or, if such modification or discontinuance is court-ordered, immediately. Franchisor shall not be obligated to compensate Franchisee for any costs or expenses incurred by Franchisee in connection with any such modification or discontinuance. Franchisee shall also use such additional or substitute Marks as Franchisor shall direct.
- (e) Changes in Law Affecting Marks. In the event that the trademark law is amended so as to render inapplicable any of the provisions of this Agreement, Franchisee shall sign any documents and do such other act and thing as in the opinion of Franchisor may be necessary to effect the intent and purpose of the provisions of this Agreement.
- (f) Copyrights and Patents. Franchisee acknowledges that as between Franchisee and Franchisor, any and all present or future copyrights and patents relating to the System or the BURNEY'S SWEETS & MORE concept, including, but not limited to, the Brand Standards Manual, menus, construction plans and specifications, and marketing materials belong solely and exclusively to Franchisor. Franchisee has no interest in Franchisor's copyrights or patents beyond the nonexclusive License granted in this Agreement.
- (g) Ideas and Innovations.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, franchisees are required to include specific disclaimers on their online presence, stating that the franchise is independently owned and operated under license from DMG BURNEY, INC. Burneys Sweets More retains significant control over the brand's online representation. Franchisees must assign to Burneys Sweets More any Online Presence that uses the brand's marks or that the franchisee uses in connection with the operation of the franchised business, or which Franchisee has been permitted by Franchisor to create. This assignment is for collateral purposes. Upon termination, expiration, or nonrenewal of the Franchise Agreement, Burneys Sweets More has the right to effectuate the assignment of the Listings to itself or to any third party it designates.
Burneys Sweets More also maintains broad discretion to modify or discontinue the use of any Mark, including those used in a franchisee's online presence, if deemed necessary or advisable. Franchisees are obligated to comply with these changes within thirty days of notice from Burneys Sweets More, or immediately if the modification or discontinuance is court-ordered. The franchisee bears all expenses associated with these changes and receives no compensation from Burneys Sweets More for these costs.
Any and all advertising and promotional materials Franchisee uses must be approved by Franchisor. Prior to their use by the Cooperative or by Franchisee, all advertising and promotional materials not prepared or previously approved by Franchisor within the ninety (90) day period preceding their intended use shall be submitted to Franchisor for approval. If approval is not received within twenty (20) days from the date of receipt by Franchisor of such materials, the materials shall be deemed disapproved by Franchisor. This extends to directory listings, where all advertising and promotion beyond basic contact information is subject to Burneys Sweets More's approval. These provisions collectively empower Burneys Sweets More to mandate changes to, or even discontinue, a franchisee's online presence to maintain brand consistency and legal compliance.