Can Burneys Sweets More use remote communication technology for inspections?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor and its agents have the right to enter the Shop, with or without notice, in person or remotely via communications technology, in order to inspect, photograph, and/or video on-going new construction or leasehold improvements, equipment and operations, and the performance of any and all services provided in and around the Shop and/or the Premises or any other operations of the Shop to ensure compliance with all requirements of this Agreement, at all times before or after Franchisee opens the Shop.
Franchisee will cooperate with Franchisor's representatives in those inspections by rendering whatever assistance Franchisor may reasonably request, including using communications or audiovisual technology, such as a smartphone, to facilitate the remote inspection by Franchisor or Franchisor's agents and the assistance necessary to enable Franchisor to contact and interview architects, designers, employees, contractors vendors and suppliers, as well as Franchisee's customers and former customers.
Upon reasonable notice from Franchisor, and without limiting Franchisor's other rights under this Agreement, Franchisee will take such steps as may be necessary to correct the deficiencies detected during any such inspection, including without limitation immediately correcting any problems with construction or leasehold improvements, and immediately desisting from the further use of any equipment, advertising materials, products, or materials that do not conform to Franchisor's then-current plans and specifications, the Brand Standards Manual, or other standards or requirements, and to repair or replace anything in the Franchised Business that does not so conform.
Franchisee acknowledges and agrees that any and all inspections by Franchisor and all demands made by Franchisor to correct deficiencies and conform to
Franchisor's standards and specifications will not constitute a representation or warranty by Franchisor that the Franchised Business or its accounting practices comply with applicable laws, codes, ordinances, regulations or governmental standards. Upon reasonable written notification from Franchisor of a scheduled inspection, one of Franchisee's Owners must be present during such inspection. Franchisor may remove samples of inventory and equipment from the Premises during inspections.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More FDD, Burneys Sweets More has the right to inspect a franchisee's shop using remote communication technology. Burneys Sweets More and its agents can enter the shop, with or without notice, in person or remotely via communications technology, to inspect, photograph, and/or video ongoing new construction or leasehold improvements, equipment, and operations. This includes the performance of any and all services provided in and around the shop and/or the premises or any other operations of the shop to ensure compliance with all requirements of the Franchise Agreement, at all times before or after the franchisee opens the shop.
The franchisee must cooperate with Burneys Sweets More's representatives in these inspections by providing assistance that Burneys Sweets More may reasonably request. This includes using communications or audiovisual technology, such as a smartphone, to facilitate the remote inspection by Burneys Sweets More or its agents. The franchisee must also provide the assistance necessary to enable Burneys Sweets More to contact and interview architects, designers, employees, contractors, vendors, and suppliers, as well as the franchisee's customers and former customers.
Upon receiving reasonable notice from Burneys Sweets More, the franchisee must take steps to correct any deficiencies detected during an inspection. This includes immediately correcting any problems with construction or leasehold improvements and immediately stopping the use of any equipment, advertising materials, products, or materials that do not conform to Burneys Sweets More's current plans and specifications, the Brand Standards Manual, or other standards or requirements. The franchisee must also repair or replace anything in the franchised business that does not conform.
The franchisee acknowledges that any inspections by Burneys Sweets More and all demands made by Burneys Sweets More to correct deficiencies and conform to Burneys Sweets More's standards and specifications do not constitute a representation or warranty by Burneys Sweets More that the franchised business or its accounting practices comply with applicable laws, codes, ordinances, regulations, or governmental standards. Upon reasonable written notification from Burneys Sweets More of a scheduled inspection, one of the franchisee's owners must be present during such inspection. Burneys Sweets More may remove samples of inventory and equipment from the premises during inspections.