What section of the Burneys Sweets More Franchise Agreement addresses advertising obligations?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) Supplemental Advertising.
Franchisee shall have the right to conduct, at its separate expense, supplemental advertising in addition to the expenditures specified in this Section 8.
All such supplemental advertising shall either have been prepared by Franchisor or approved by Franchisor pursuant to Section 8(f).
- (e) Directory Advertising.
Franchisee shall arrange for the listing of the Franchised Business's telephone number and email address in any print or online directory designated by Franchisor under the name "BURNEY'S SWEETS & MORE" or such other name as the Franchisor may designate.
All advertising and promotion in such media (beyond a simple listing of name, address, and telephone number) shall be subject to Franchisor's approval.
Franchisor has the right to arrange for directory listings for franchisees operating Franchised Businesses under the System and, at Franchisee's expense, for Franchisee; in which case Franchisee shall pay Franchisor as Franchisor may designate.
Franchisee's rights to use and benefit from its assigned telephone number, email address, and directory listings are subject to the provisions of Section 18 of this Agreement.
- (f) Approval by Franchisor.
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.
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 23–25)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More FDD, advertising obligations are addressed in Section 8 of the Franchise Agreement. Item 22 describes supplemental advertising, directory advertising, and approval by the franchisor.
Supplemental advertising allows franchisees to conduct their own advertising at their own expense, but it must be either prepared or approved by Burneys Sweets More. Directory advertising requires franchisees to list their business in directories designated by Burneys Sweets More, with all advertising beyond a basic listing subject to the franchisor's approval. Burneys Sweets More also has the right to arrange directory listings for franchisees at the franchisee's expense.
All advertising and promotional materials used by the franchisee must be approved by Burneys Sweets More. If materials are not prepared or previously approved by the franchisor within 90 days of their intended use, they must be submitted for approval, and if no approval is received within 20 days, the materials are considered disapproved.