Can Burneys Sweets More unilaterally make supplements to the Franchise Agreement?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
- (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.
In such circumstances, the use of the substitute proprietary marks shall be governed by the terms of this Agreement.
Franchisee shall comply with each such change, revision, or substitution and bear all expenses associated therewith.
In the event that a court of competent jurisdiction should order, or if Franchisor in its sole discretion should deem it necessary or advisable, Franchisee shall modify or discontinue use of any Mark.
Franchisee shall comply with Franchisor's directions regarding any such Mark within thirty (30) days after receipt of notice from Franchisor or, if such modification or discontinuance is court-ordered, immediately.
Franchisor shall not be obligated to compensate Franchisee for any costs or expenses incurred by Franchisee in connection with any such modification or discontinuance.
Franchisee shall also use such additional or substitute Marks as Franchisor shall direct.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
Based on the 2025 Burneys Sweets More Franchise Disclosure Document, Burneys Sweets More 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 use of the substitute proprietary marks shall be governed by the terms of this Agreement, and the franchisee shall comply with each such change, revision, or substitution and bear all expenses associated therewith.
In the event that a court of competent jurisdiction should order, or if Burneys Sweets More in its sole discretion should deem it necessary or advisable, the franchisee shall modify or discontinue use of any Mark. The franchisee shall comply with Burneys Sweets More's directions regarding any such Mark within thirty (30) days after receipt of notice from Burneys Sweets More or, if such modification or discontinuance is court-ordered, immediately. Burneys Sweets More shall not be obligated to compensate Franchisee for any costs or expenses incurred by Franchisee in connection with any such modification or discontinuance. Franchisee shall also use such additional or substitute Marks as Burneys Sweets More shall direct.
This means that Burneys Sweets More can require franchisees to use different marks and the franchisee is responsible for the expenses associated with the changes. Franchisees must comply with these changes within 30 days of notice from Burneys Sweets More or immediately if court-ordered. Burneys Sweets More is not obligated to compensate franchisees for these changes.