What is the condition that allows Buns On Fire to enter the premises to make modifications?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event of a relocation of the Franchised Business, Franchisee shall promptly remove from the first Franchised Business premises, and discontinue using for any purposes, any and all signs, fixtures, furniture, posters, furnishings, equipment, menus, advertising materials, stationery supplies, forms and other articles which display any of the Marks or any distinctive features or designs associated with Buns on Fire. Furthermore, Franchisee shall, at Franchisee's expense, immediately make such modifications or alterations as may be necessary to distinguish the first Franchised Business so clearly from its former appearance and from other Buns on Fire restaurants and to prevent any possibility of confusion therewith by the public (including, without limitation, removal of all distinctive physical and structural features identifying Buns on Fire and removal of all distinctive signs and emblems). Franchisee shall, at Franchisee's expense, make such specific additional changes as the Franchisor may reasonably request for this purpose. If Franchisee fails to initiate immediately or complete such alterations within such period of time as the Franchisor deems appropriate, Franchisee agrees that the Franchisor or its designated agents may enter the premises of the first Franchised Business and adjacent areas at any time to make such alterations, at Franchisee's sole risk and expense, without responsibility for any actual or consequential damages to the property of Franchisee or others, and without liability for trespass or other tort or criminal act. Franchisee expressly acknowledges that Franchisee's failure to make such alterations will cause irreparable injury to the Franchisor and consents to entry, at Franchisee's expense, of an ex-parte order by a court of competent jurisdiction authorizing the Franchisor or its agents to take such action, if the Franchisor seeks such an order. Compliance with the foregoing shall be a condition subsequent to the Franchisor's approval of any relocation request by Franchisee, and in the event complete de-identification of the first Franchised Business premises is not promptly and completely undertaken, the Franchisor may then revoke its permission for relocation and declare a default under this Agreement pursuant to Article XVII hereof.
Source: Item 23 — RECEIPTS (FDD pages 49–200)
What This Means (2025 FDD)
According to the 2025 Buns On Fire Franchise Disclosure Document, Buns On Fire can enter the premises to make modifications if a franchisee fails to complete required alterations when relocating their franchise. Specifically, this occurs when a franchisee moves to a new location but does not adequately remove signs, fixtures, and other branding elements from the original location. This is to ensure the former site is clearly differentiated from a Buns On Fire restaurant to avoid public confusion.
If a Buns On Fire franchisee neglects to promptly initiate or complete these alterations within a timeframe deemed appropriate by Buns On Fire, the franchisor or its agents have the right to enter the premises to perform the necessary work. This entry is at the franchisee's sole risk and expense. Buns On Fire is not responsible for any damages to the franchisee's property or liable for trespass or other related acts during this process.
Furthermore, the Buns On Fire franchisee acknowledges that their failure to make these alterations can cause irreparable harm to Buns On Fire. The franchisee consents to the entry of an ex-parte order from a court that allows Buns On Fire or its agents to take action and make the required changes at the franchisee's expense. Compliance with these de-identification requirements is a condition for Buns On Fire's approval of the relocation request. If the franchisee does not fulfill these requirements, Buns On Fire can revoke its permission for the relocation and declare a default under the franchise agreement.