What section of the Franchise Agreement describes advertising requirements for Burneys Sweets More?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
You may develop advertising materials for your own use at your own cost. We encourage the sharing by franchisees of advertising ideas and materials. We require you to submit advertising and promotional materials to us in advance and to obtain our approval before using them. You are required to follow our instructions in connection with any advertising or promotional materials we provide for your use. (Franchise Agreement Section 8(g).) Failure to follow our instructions regarding pre-approval of advertising materials will result in fines. These fines will be as follows: 1 st infraction: $0, 2nd infraction: $100, and third or subsequent infraction: $500. Imposition of these fines will in no way waive our right to consider your use of unapproved advertising as a default-triggering event, such as that described at Franchise Agreement Section 17(c)(v).
Brand Fund. We have established the Brand Fund to support the development of new recipes and franchisee revenue sources, the evaluation and adoption of new technology, and the
creation of marketing content and public relations materials, as we, in our sole discretion, deem appropriate for the benefit of the brand. (Franchise Agreement Sections 8 (a)(ii) and 8(b))
The contribution is currently 0.5% of monthly Gross Sales. We reserve the right to raise the contribution to the Brand Fund, but not to exceed 1.5% of your Gross Sales. We may at our discretion defer Brand Fund contributions for you or another franchisee for an additional period of time we deem appropriate at the outset of your or their Shop. Other franchisees' Brand Fund contributions may be calculated at a different rate or on a different basis and, under limited circumstances, certain franchisees may not be required to pay Brand Fund fees. We have the sole discretion to settle or forgive any accrued and unpaid Brand Fund contributions owed by a franchisee.
We have the sole discretion to determine where the Brand Fund contributions will be spent to promote, enhance, or further the growth of the BURNEY'S SWEETS & MORE brand, shops, and System, including, but not limited to: research; promotional marketing, public relations, and advertising expenses to promote the brand; hiring marketing, public relations and advertising agencies, technology companies, or in-house personnel to assist in developing the BURNEY'S SWEETS & MORE brand name; developing, evaluating, or using technologies that we believe may benefit the brand, the customers, the franchisees, or the brand's reputation; developing new products and franchisee revenue sources;
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 25–33)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, several sections of the Franchise Agreement pertain to advertising. Specifically, Franchise Agreement Section 8(g) outlines the requirements for franchisees to submit advertising and promotional materials for approval before use and to follow the franchisor's instructions regarding provided materials. Failure to comply with these instructions can result in fines, with the first infraction resulting in no fine, the second incurring a $100 fine, and subsequent infractions costing $500 each. The franchisor retains the right to consider unapproved advertising as a default-triggering event, as described in Franchise Agreement Section 17(c)(v).
Additionally, Franchise Agreement Sections 8 (a)(ii) and 8(b) discuss the Brand Fund, which supports the development of new recipes, franchisee revenue sources, technology adoption, marketing content, and public relations materials. The franchisee contribution to this fund is currently 0.5% of monthly Gross Sales, with the franchisor reserving the right to increase it to a maximum of 1.5% of Gross Sales. The franchisor also has the discretion to defer Brand Fund contributions for certain franchisees or calculate contributions at different rates under specific circumstances.
Furthermore, Franchise Agreement Section 8 generally addresses the franchisor's authority regarding advertising, including the right to review franchisee-proposed advertisements, use its own funds for advertising, and determine advertising products, media, sources, and geographical markets. The franchisor has no obligation to provide franchisees with advertising material produced at its own expense, as stated in Franchise Agreement Section 8. Franchise Agreement Section 8(b) also mentions that company-owned Burneys Sweets More locations are not obligated to contribute to the Brand Fund on the same basis as franchisees, but they currently do.