Can Burneys Sweets More waive a franchisee's obligation under the Franchise Agreement?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
FRANCHISEE ALSO ACKNOWLEDGES THAT FRANCHISOR IS NOT OBLIGATED TO PROVIDE ANY SERVICES TO FRANCHISEE THAT ARE NOT SET FORTH IN THIS AGREEMENT. IF FRANCHISEE BELIEVES FRANCHISOR HAS FAILED TO ADEQUATELY PROVIDE ANY PRE-OPENING SERVICES TO FRANCHISEE, WHETHER WITH RESPECT TO SITE SELECTION, SELECTION AND PURCHASE OF EQUIPMENT AND SUPPLIES, TRAINING, OR ANY OTHER MATTER AFFECTING THE ESTABLISHMENT OF FRANCHISEE'S SHOP, FRANCHISEE MUST NOTIFY FRANCHISOR IN WRITING WITHIN THIRTY (30) DAYS FOLLOWING THE OPENING OF FRANCHISEE'S SHOP OR FRANCHISEE WILL BE DEEMED TO CONCLUSIVELY ACKNOWLEDGE THAT ANY AND ALL PRE-OPENING SERVICES REQUIRED TO BE PROVIDED BY FRANCHISOR WERE SUFFICIENT AND SATISFACTORY IN FRANCHISEE'S JUDGMENT, AND COMPLIANT WITH ALL REPRESENTATIONS MADE TO FRANCHISEE. IF FRANCHISEE FAILS TO SO NOTIFY FRANCHISOR, FRANCHISEE WILL BE DEEMED TO HAVE WAIVED ALL CLAIMS RELATING TO OR ARISING FROM FRANCHISOR'S OBLIGATIONS TO PROVIDE PRE-OPENING ASSISTANCE.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to the 2025 Burneys Sweets More Franchise Disclosure Document, if a franchisee believes that Burneys Sweets More has not adequately provided pre-opening services, the franchisee must notify Burneys Sweets More in writing within thirty days following the opening of the shop. This notification must cover issues related to site selection, equipment and supplies, training or any other matter affecting the establishment of the franchisee's shop.
If the franchisee fails to provide this written notification within the specified timeframe, the franchisee will be considered to have conclusively acknowledged that all pre-opening services required to be provided by Burneys Sweets More were sufficient, satisfactory, and compliant with all representations made to the franchisee.
Furthermore, if the franchisee does not notify Burneys Sweets More in writing within the thirty-day period, the franchisee will be deemed to have waived all claims relating to or arising from Burneys Sweets More's obligations to provide pre-opening assistance. This clause effectively means that Burneys Sweets More can enforce a waiver of the franchisee's rights if the franchisee does not adhere to the notification requirements.