Under what circumstances can Burneys Sweets More take control of communications during a Crisis?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee will cooperate fully with Franchisor with respect to Franchisor's response to the Crisis.
In the event of the occurrence of a Crisis, Franchisor may establish emergency procedures which may require Franchisee to temporarily close the Shop to the public, in which event Franchisor shall not be liable to Franchisee for any loss or costs, including consequential damages or lost profits occasioned thereby.
Franchisor will have the right to take control of the management of communications if Franchisor determines that the publicity surrounding the event is likely to have a material adverse effect on the reputation or goodwill of the Shop, Marks, System, or Franchisor.
Franchisee will obtain Franchisor's consent before any press releases, interviews or public statements are issued by Franchisee, or anyone on its behalf, about events that are likely to receive or are receiving significant negative public attention related to the Shop, Marks, System, or Franchisor.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, the franchisor may take control of communications management during a crisis if it determines that the publicity surrounding the event is likely to have a materially adverse effect on the reputation or goodwill of the Shop, Marks, System, or Franchisor.
In the event of a crisis, Burneys Sweets More may establish emergency procedures, potentially requiring the franchisee to temporarily close the shop to the public. The franchisor will not be liable to the franchisee for any losses or costs, including consequential damages or lost profits, resulting from such closure. The franchisee is obligated to cooperate fully with Burneys Sweets More in responding to the crisis.
Furthermore, the franchisee must obtain Burneys Sweets More's consent before issuing any press releases, interviews, or public statements regarding events that are likely to receive or are receiving significant negative public attention related to the Shop, Marks, System, or Franchisor. This ensures that all communications are aligned with the franchisor's strategy and protect the brand's image.