What rights does Burneys Sweets More have to inspect the premises before occupancy by the franchisee?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
(d) Inspections. Franchisee hereby grants Franchisor and its agents the right to enter the Premises and/or the Franchised Business at any time prior to occupancy by the Franchisee in order to inspect, photograph, and/or videotape on-going new construction or leasehold improvements, designs, purchased and installed equipment, operations and the performance of any and all services by Franchisee and/or Franchisee's employees, invitees or agents. Franchisee shall cooperate with Franchisor's representatives during those inspections by rendering whatever assistance they may reasonably request, including assistance necessary to enable Franchisor to contact and interview any architect, designer, vendor, contractor, subcontractor or Franchisee employee. Upon reasonable notice from Franchisor, and without limiting Franchisor's other rights under this Agreement, Franchisee, at its sole expense, shall take such steps as deemed to be necessary by Franchisor to immediately correct any and all deficiencies detected during any such inspection, including without limitation, correcting construction deficiencies or defects, replacing equipment and supplies, and requiring Franchisee to desist from the further use of any equipment, designs, advertising materials, products, and/or supplies that do not conform with Franchisor's then-current plans and specifications, standards or requirements.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, the company retains the right to inspect the premises before the franchisee occupies it. Burneys Sweets More and its agents can enter the premises at any time before the franchisee moves in. This is to allow them to inspect, photograph, and/or videotape ongoing construction or leasehold improvements. They can also review designs, purchased and installed equipment, and the performance of any services by the franchisee, their employees, invitees, or agents.
Burneys Sweets More requires the franchisee to cooperate with their representatives during these inspections. This includes providing any assistance reasonably requested, such as helping Burneys Sweets More contact and interview architects, designers, vendors, contractors, subcontractors, or franchisee employees. The franchisee is responsible for taking steps to correct any deficiencies identified during the inspection.
These corrections must be made at the franchisee's sole expense and may include fixing construction deficiencies or defects, replacing equipment and supplies, and stopping the use of any equipment, designs, advertising materials, products, and/or supplies that do not meet Burneys Sweets More's current standards or requirements. This ensures that the premises meet the franchisor's standards before the franchisee begins operations.