factual

What rights does Burneys Sweets More have regarding a franchisee's Online Presence content?

Burneys_Sweets_More Franchise · 2025 FDD

Answer from 2025 FDD Document

    1. Franchisee hereby agrees to assign to Franchisor: (i) those certain telephone numbers and regular, classified or other telephone directory listings used by Franchisee in connection with operating the BURNEY'S SWEETS & MORE franchised business, including personal cellphone numbers, (ii) all e-mail addresses that use the Marks or that are used by Franchisee in connection with the operation of the Franchised Business, (iii) any Online Presence (as that term is defined in the Franchise Agreement) which uses the Marks, which Franchisee uses in connection with the operation of the Franchised Business, or which Franchisee has been permitted by Franchisor to create, and (iv) all rights, title, and interest in the content of any Online Presence, whether now-existing or adopted by Franchisee in the future (collectively the "Listings").
    1. This Assignment is for collateral purposes only and, except as specified herein, Franchisor will have no liability or obligation of any kind whatsoever arising from or in connection with Franchisee's use of the Listings unless and until Franchisor notifies the telephone company, listing agencies, internet service providers, or other parties that provide the Listings (collectively, the "Providers") to effectuate the assignment pursuant to the terms hereof.
    1. Upon termination, expiration, or nonrenewal of the Franchise Agreement (without renewal or extension), Franchisor will have the right and is hereby empowered to effectuate the assignment of the Listings to itself or to any third party it designates. In the event Franchisor exercises its assignment rights Franchisee will have no further right, title or interest in the Listings; provided, however, Franchisee will pay all amounts owed in connection with the Listings, including all sums owed to Franchisor, Franchisor's affiliates, or Franchisor's approved suppliers

Source: Item 22 — CONTRACTS (FDD page 50)

What This Means (2025 FDD)

According to the 2025 Burneys Sweets More FDD, franchisees agree to assign to Burneys Sweets More all rights, title, and interest in the content of any Online Presence, whether existing or created in the future. This Online Presence must use Burneys Sweets More's Marks, be used in connection with the operation of the franchised business, or be permitted by Burneys Sweets More to be created. This assignment includes telephone numbers, directory listings, and email addresses that use Burneys Sweets More's Marks or are used in connection with the franchised business.

This assignment is initially for collateral purposes, meaning Burneys Sweets More has no liability related to the franchisee's use of the listings until Burneys Sweets More notifies the relevant providers to effectuate the assignment. 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 a third party.

If Burneys Sweets More exercises its assignment rights, the franchisee loses all rights to the listings. The franchisee is responsible for paying all amounts owed in connection with the listings, including sums owed to Burneys Sweets More, its affiliates, or approved suppliers. This means that Burneys Sweets More maintains significant control over the franchisee's online presence and can claim ownership of it under certain conditions.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.