Under what condition is the Addendum required for a Burneys Sweets More franchise?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
ADDENDUM TO FRANCHISE AGREEMENT
parents, affiliates, and subsidiaries; and their respective shareholders, members, partners, officers, directors, managers, employees, agents, representatives, attorneys, accountants, guarantors, successors, and assigns, in both their corporate and individual capacities (collectively, "Released Parties") from any and all claims, demands, obligations, actions, liabilities, defenses or damages of every kind and nature whatsoever, in law or in equity, whether known or unknown, which may hereafter be discovered, in connection with, as a result of, or in any way arising from, any relationship or transaction with the Released Parties, however characterized or described, from the beginning of time until the date of this Addendum.
- Non-Disparagement. Franchisee agrees not to, and to use its best efforts to cause its current and former shareholders, officers, directors, principals, agents, partners, employees, representatives, attorneys, spouses, and successors and assigns not to, disparage or otherwise speak or write negatively, directly or indirectly, of Franchisor or Franchisor Affiliates or their respective current and former agents, principals, officers, directors, shareholders, members, employees, franchisees, representatives, area directors, attorneys, parents, predecessors, affiliates, subsidiaries divisions, and successors and assigns, the BURNEY'S SWEETS & MORE brand, the BURNEY'S SWEETS & MORE system, or any other service-marked or trademarked concept of Franchisor, or which would subject the BURNEY'S SWEETS & MORE brand to ridicule, scandal, reproach, scorn, or indignity or which would negatively impact the goodwill of Franchisor or its brand.
IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed on the date first set forth above.
DMG BURNEY, INC.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More FDD, an addendum to the franchise agreement is required, as indicated by the inclusion of a sample addendum in Item 22. The document includes a sample "ADDENDUM TO FRANCHISE AGREEMENT", suggesting it is a standard part of the franchising process.
The addendum includes clauses related to releasing the franchisor from claims and agreeing not to disparage the Burneys Sweets More brand. Specifically, the franchisee agrees to release the franchisor and related parties from any claims and promises not to speak negatively about Burneys Sweets More. This addendum is executed by both parties, indicating its formal and binding nature.
While the excerpt includes a sample addendum, it does not explicitly state the specific conditions that necessitate its use. However, the presence of clauses regarding release of claims and non-disparagement suggests it may be used to address specific legal or reputational concerns. A prospective franchisee should inquire with Burneys Sweets More about the exact circumstances under which this addendum is required and its implications for their franchise agreement.