Is there a limit to Burneys Sweets More's ability to modify the System?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
B. The distinguishing characteristics of the System include the name "BURNEY'S SWEETS & MORE," special recipes and menu items, including proprietary methods of preparation, and enhancing bakery products, unique interior and exterior building design and appearance and consistency, and uniformity of products and services, all of which may be improved, amended and further developed by Franchisor from time to time.
(d) Discontinuance of Use: Additional Marks.
Franchisor has the right to change, revise, or substitute different Marks for use in identifying the System, the Shop, and the products sold or offered for sale through the Shop, if Franchisor, in its sole discretion, determines that change, revision, or substitution of different Marks will be beneficial to the System.
Franchisee shall comply with each such change, revision, or substitution and bear all expenses associated therewith.
All concepts, recipes, inventions, ideas, applications, trademarks, service marks, enhancements, modifications, improvements or other processes, methods and designs, technologies, techniques, materials, computer software, electronic code, original works of authorship, formulas, patents, copyrights, marketing and business plans and ideas, and all improvements and enhancements thereto that Franchisee or any of its Owners, affiliates, guarantors, managers, directors, officers, employees, or contractors may develop, invent, discover, conceive or originate, alone or in conjunction with any other person or persons during the Initial Term or any Renewal Term that relate in any way, either directly or indirectly, to the Franchised Business and/or the System (collectively referred to as "Inventions and Ideas"), either
in whole or in part, shall be the exclusive property of Franchisor. Franchisee must promptly disclose the existence of any and all Inventions and Ideas to Franchisor. Franchisor may incorporate such Inventions and Ideas into the System.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, Burneys Sweets More has broad authority to modify the System. The franchise agreement states that the distinguishing characteristics of the System, including recipes, menu items, building design, and uniformity of products and services, may be improved, amended, and further developed by Burneys Sweets More from time to time. This indicates that Burneys Sweets More retains the right to make changes to various aspects of the franchise system as it sees fit.
Burneys Sweets More also has the right to change, revise, or substitute different Marks for use in identifying the System, the Shop, and the products sold or offered for sale through the Shop, if Burneys Sweets More, in its sole discretion, determines that change, revision, or substitution of different Marks will be beneficial to the System. The franchisee is obligated to comply with these changes and bear the associated expenses. This gives Burneys Sweets More considerable latitude in updating and modifying its brand and offerings.
Furthermore, all concepts, recipes, inventions, ideas, applications, trademarks, service marks, enhancements, modifications, improvements or other processes, methods and designs, technologies, techniques, materials, computer software, electronic code, original works of authorship, formulas, patents, copyrights, marketing and business plans and ideas, and all improvements and enhancements thereto that Franchisee or any of its Owners, affiliates, guarantors, managers, directors, officers, employees, or contractors may develop, invent, discover, conceive or originate, alone or in conjunction with any other person or persons during the Initial Term or any Renewal Term that relate in any way, either directly or indirectly, to the Franchised Business and/or the System shall be the exclusive property of Burneys Sweets More. Burneys Sweets More may incorporate such Inventions and Ideas into the System. This clause ensures that any improvements or innovations developed by the franchisee related to the Burneys Sweets More system become the property of the franchisor, which can then be implemented across the entire franchise network.
While Burneys Sweets More retains significant control over the System and its modifications, prospective franchisees should seek clarification during their due diligence on how frequently the System has been updated in the past, the typical costs associated with implementing changes, and the process for franchisee input or feedback on proposed modifications. Understanding the scope and impact of potential changes is crucial for assessing the long-term viability and profitability of a Burneys Sweets More franchise.