factual

Does the Buns On Fire franchise agreement allow changes to building premises to be made?

Buns_On_Fire Franchise · 2025 FDD

Answer from 2025 FDD Document

1.3 No Change of Franchise Location

The franchise location described in Exhibit "A" may not be modified or changed by the Franchisee without Franchisor's prior written approval. The Franchisee must request Franchisor's prior written approval in writing. To modify or change location, the Franchisee must be current in all obligations to Franchisor, whether under this Agreement or any other agreement, and must not be defaulting under this or any other agreement with Franchisor.

In the event that Franchisee's request to modify or change location is approved by the Franchisor, the Franchisee will be required, and must sign, Franchisor's then-current form of the Franchise Agreement. The then-current Franchise Agreement may contain different terms and conditions, for a term that may be equal to the remaining term of this Agreement. Unless we grant you a term that is longer than the remaining term under this Franchise Agreement, you will not be required make an Initial Franchise Fee payment for the relocated Franchised Business. However, you will be required to pay a Relocation Fee of twenty-five hundred dollars ($2,500) to us upon execution of the new Franchise Agreement.

2.10 De-identification of Original Approved Location

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, changes to the franchise location are permitted only with the franchisor's prior written approval. Specifically, the franchise location described in Exhibit "A" cannot be modified or changed by the franchisee without first obtaining written approval from Buns On Fire.

To request a modification or change of location, a Buns On Fire franchisee must be current on all obligations to the franchisor, whether under the franchise agreement or any other agreement, and must not be in default under any agreement with the franchisor.

If Buns On Fire approves a franchisee's request to modify or change the location, the franchisee will be required to sign the franchisor's then-current form of the Franchise Agreement. This new agreement may contain different terms and conditions, with a term that may be equal to the remaining term of the original agreement. Unless Buns On Fire grants a longer term, the franchisee will not be required to pay an initial franchise fee for the relocated business. However, the franchisee will be required to pay a Relocation Fee of $2,500 upon execution of the new Franchise Agreement.

In the event of a relocation, the franchisee is responsible for removing all signs, fixtures, and materials displaying Buns On Fire's marks from the original location. The franchisee must also make necessary modifications to distinguish the former location from other Buns On Fire restaurants to prevent confusion. If the franchisee fails to do so, Buns On Fire has the right to enter the premises and make the alterations at the franchisee's expense.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.