What constitutes a 'bona fide program' for completing required maintenance or refurbishing of a Papa Ray's Pizza Restaurant according to Aw?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
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and to protect the goodwill of the Marks and all Papa Ray's Pizza Restaurants. You also acknowledge that a fundamental requirement of this Franchise Agreement is your adherence to the System and all of our uniform standards, specifications and procedures and policies.
11.2 Use, Condition and Appearance of the Premises. You agree that:
- (a) neither the Papa Ray's Pizza Restaurant nor the Premises will be used for any purpose other than the operation of a Papa Ray's Pizza Restaurant in compliance with this Agreement;
- (b) you will maintain the condition and appearance of the Papa Ray's Pizza Restaurant, its fixtures, furniture, equipment, and signs and the Premises in accordance with our standards and consistent with the image of a Papa Ray's Pizza Restaurant as an efficiently operated business offering high quality products and services and observing the highest standards of efficient and courteous service; In that connection, you agree to take, without limitation, the following actions during the term of this Agreement: (1) thorough cleaning, repainting and redecorating of the interior and exterior of the Premises at reasonable intervals; (2) interior and exterior repair of the Premises; and (3) repair or replacement of damaged, worn out or obsolete fixtures, furniture, equipment, and signs;
- (c) you will not make any material alterations to the Premises or to the appearance of the Papa Ray's Pizza Restaurant, as originally developed, without our prior written approval. If you do so, we have the right, at your expense, to rectify alterations we have not previously approved;
- (d) you will replace or add new equipment and fixtures when we reasonably specify in order to meet changing standards or accommodate new services, new products and new methods of providing and displaying the new products and services;
- (e) on notice from us at reasonable intervals, but not more often than once every five (5) years, you will upgrade, refurbish and redecorate the Premises, at your expense, to conform to the building design, trade dress, color schemes, and presentation of the Marks in a manner consistent with the then-current image for new Papa Ray's Pizza Restaurants or of new or refurbished company-owned or affiliate-owned operations. Such upgrades, refurbishing and redecoration may include, without limitation, structural changes, remodeling, refurnishing, redecoration, installation of new equipment, and modifications to existing improvements. (All actual changes will be subject to our prior written approval);
Source: Item 22 — CONTRACTS (FDD pages 39–40)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, franchisees are responsible for maintaining the condition and appearance of their Papa Ray's Pizza Restaurant. This includes regular cleaning, repainting, and repairs to both the interior and exterior of the premises. Franchisees must also repair or replace any damaged, worn-out, or obsolete fixtures, furniture, equipment, and signs to uphold Aw's standards.
Aw can require franchisees to upgrade, refurbish, and redecorate their restaurants, typically no more than once every five years. These changes must align with the current image of new Papa Ray's Pizza Restaurants, including building design, trade dress, color schemes, and presentation of the Marks. Such upgrades may involve structural changes, remodeling, new equipment, and modifications to existing improvements, all subject to Aw's prior written approval.
The FDD states that franchisees must comply with all mandatory specifications, standards, and operating procedures relating to the appearance, function, cleanliness, sanitation, and operation of a Papa Ray's Pizza Restaurant. These specifications are communicated in the Operations Manual or in writing and cover various aspects, including the maintenance and appearance of the restaurant and its fixtures. However, the document does not explicitly define what constitutes a 'bona fide program' for completing these maintenance or refurbishing requirements.
To fully understand what Aw considers a 'bona fide program,' prospective franchisees should directly ask Aw for detailed guidelines, specific requirements, and examples of acceptable maintenance and refurbishing programs. This will help ensure compliance with Aw's standards and maintain the Papa Ray's Pizza Restaurant's image.