What section of the Franchise Agreement describes default-triggering events for Burneys Sweets More?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
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).
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 FDD, the section of the Franchise Agreement that describes default-triggering events is Section 17(c)(v). This is mentioned in the context of advertising and promotional materials. Specifically, if a franchisee fails to follow Burneys Sweets More's instructions regarding pre-approval of advertising materials, it could be considered a default-triggering event.
Burneys Sweets More imposes fines for advertising infractions: $0 for the first infraction, $100 for the second, and $500 for the third or subsequent infractions. However, the imposition of these fines does not waive Burneys Sweets More's right to consider the use of unapproved advertising as a default-triggering event.
Prospective franchisees should carefully review Section 17(c)(v) of the Franchise Agreement to fully understand what actions or omissions could lead to a default and potential termination of their franchise agreement. Understanding these triggers is crucial for maintaining compliance and avoiding potential conflicts with Burneys Sweets More.