During the Term, can an associate solicit customers of the Burneys Sweets More franchised business?

According to the 2025 Burneys Sweets More FDD, an associate is restricted from soliciting customers of the Burneys Sweets More franchised business post-termination. Specifically, the associate agrees that for the Restrictive Period, they will not solicit or attempt to solicit or divert any person or party that has been a customer of the Franchised Business as of the first day of the Restrictive Period or within one (1) year of the Restrictive Period, to any Competitive Business.

This restriction applies within the Restrictive Territory, meaning the geographic area where the associate is prohibited from soliciting customers. This prevents former associates from leveraging their knowledge of Burneys Sweets More's customer base to benefit a competing business. The franchisor can seek injunctive relief in the event of a breach or threatened breach of this agreement.

Burneys Sweets More can seek preliminary and permanent injunctive relief from any court of competent jurisdiction. The franchisor may obtain such injunctive relief, without posting a bond or bonds totaling Five Hundred Dollars ($500) or more, but upon due notice. The associate's sole remedy in the event of the entry of such injunctive relief shall be dissolution of such injunctive relief, if warranted, upon a hearing duly had; provided, however, that all claims for damages by reason of the wrongful issuance of any such injunction are hereby expressly waived by Associate.

This type of clause is common in franchise agreements to protect the franchisor's customer relationships and confidential information. Prospective Burneys Sweets More franchisees should carefully review the definition of "Restrictive Period" and "Restrictive Territory" in the franchise agreement to understand the full scope of these limitations on their employees.