Does Burneys Sweets More waive any other rights by limiting services or benefits?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) Acknowledgement. FRANCHISEE AGREES THAT FRANCHISOR IS NOT OBLIGATED TO PROVIDE ANY TRAINING OR ASSISTANCE TO FRANCHISEE'S PARTICULAR LEVEL OF SATISFACTION, BUT AS A FUNCTION OF FRANCHISOR'S EXPERIENCE, KNOWLEDGE AND JUDGMENT. 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 Burneys Sweets More's 2025 Franchise Disclosure Document, a franchisee may waive claims against the franchisor regarding pre-opening services if they do not notify Burneys Sweets More in writing within thirty days of opening their shop. Specifically, if a franchisee believes that Burneys Sweets More has failed to adequately provide pre-opening services related to site selection, equipment and supplies, or training, they must provide written notice within this 30-day window.
If the franchisee fails to provide this written notification within the specified timeframe, they will be considered to have conclusively acknowledged that all pre-opening services provided by Burneys Sweets More were sufficient and satisfactory. This also means the franchisee agrees that Burneys Sweets More complied with all representations made to the franchisee.
Therefore, by not notifying Burneys Sweets More in writing within 30 days of opening the shop, the franchisee waives all claims relating to or arising from Burneys Sweets More's obligations to provide pre-opening assistance. This waiver could have significant financial and legal implications for the franchisee if they later discover deficiencies in the pre-opening support provided.