What is the consequence if a Buns On Fire franchisee does not completely undertake the de-identification of the first franchised business premises?
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, if a franchisee relocates their Buns On Fire business and fails to properly de-identify the original premises, several consequences may arise. The franchisee is responsible for removing all signs, fixtures, and materials that display Buns On Fire's trademarks or distinctive features. They must also make necessary modifications to clearly differentiate the former location from its previous appearance and other Buns On Fire restaurants. These alterations are at the franchisee's expense.
If the franchisee does not promptly begin or complete these alterations within a timeframe deemed appropriate by Buns On Fire, the franchisor has the right to enter the premises and make the changes themselves. This would be done at the franchisee's sole risk and expense, without Buns On Fire being liable for any damages to the franchisee's property. Buns On Fire can also seek a court order to authorize their entry and actions, again at the franchisee's expense.
Furthermore, compliance with de-identification is a condition for Buns On Fire's approval of the relocation. If the franchisee fails to promptly and completely de-identify the original location, Buns On Fire can revoke its permission for the relocation and declare a default under the franchise agreement. This could lead to further penalties or termination of the franchise agreement, as outlined in Article XVII.