Under what circumstances does Burneys Sweets More have the right to refuse a franchisee's request?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
on. If Franchisee requests
advice, information, or assistance at a level greater than what is provided to other franchisees, Franchisor reserves the right to charge Franchisee its then-current training fee; and
- (vii) Information. Franchisor shall communicate to Franchisee information relating to the operation of a BURNEY'S SWEETS & MORE Shop, and to the extent necessary or pertinent to the operation of the Shop, Franchisor's know-how, new developments, techniques and improvements in the areas of Shop management, employee training, marketing and food preparation and service.
- (b) Legal Expenses. Franchisor may in certain situations incur legal expenses while providing assistance to Franchisee with respect to, without limitation, lease negotiations, or other legal compliance issues. Such assistance may be at the request of Franchisee or required by Franchisor and may be provided by Franchisor in-house or by outside counsel; provided however, that Franchisor shall have the sole discretion as to whether or not to provide legal assistance. In the event Franchisor does incur legal expenses on behalf of Franchisee, Franchisee shall reimburse Franchisor for such expenses immediately upon notice from Franchisor. Franchisor may, at its option, be reimbursed by EFT.
- (c) Acknowledgement.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More FDD, Burneys Sweets More reserves the right to charge a franchisee its then-current training fee if the franchisee requests advice, information, or assistance at a level greater than what is provided to other franchisees. This means that Burneys Sweets More is not obligated to provide additional support beyond the standard level given to all franchisees without additional compensation.
Additionally, Burneys Sweets More retains sole discretion as to whether or not to provide legal assistance to a franchisee, even if such assistance is requested by the franchisee or deemed necessary by Burneys Sweets More. If Burneys Sweets More does provide legal assistance and incurs expenses, the franchisee is responsible for reimbursing those expenses immediately upon notice. This indicates that Burneys Sweets More is not automatically required to provide legal support and will charge for it if they choose to offer it.
Furthermore, the Burneys Sweets More franchisee agreement specifies that Burneys Sweets More is not obligated to provide any training or assistance to the franchisee's particular level of satisfaction, but as a function of Burneys Sweets More's experience, knowledge and judgment. Burneys Sweets More is also not obligated to provide any services to franchisee that are not set forth in the agreement. This clause emphasizes that Burneys Sweets More's obligations are limited to what is explicitly stated in the franchise agreement and that the level of service provided is based on their discretion, not necessarily the franchisee's expectations.