Who is responsible for the expenses associated with relocating a Buns On Fire Franchised Business?
Buns_On_Fire Franchise · 2025 FDDAnswer from 2025 FDD Document
iness to a location approved by the Franchisor. Any such relocation will be at Franchisee's sole expense, including payment of Franchisor's then-current relocation fee.
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.
ARTICLE III PROPRIETARY MARKS AND GOODWILL
3.1 Definition of "Marks"
When used in this Agreement, "Marks" mean the trademarks and service marks which are used to identify the Buns on Fire franchised businesses and to distinguish them from that of any other business, and the trademarks, service marks, trade names, logos and commercial symbols as may be designated by the Franchisor from time to time for use in connection with the System.
3.2 Authorized Use of Marks
Franchisee is authorized to use the Marks, goodwill and trade secrets in the operation of the
Franchised Business only at the approved location.
Source: Item 23 — RECEIPTS (FDD pages 49–200)
What This Means (2025 FDD)
According to the 2025 Buns On Fire Franchise Disclosure Document, the franchisee is responsible for expenses associated with relocating their franchise. Specifically, the franchisee must pay for removing all signs and distinctive features of Buns On Fire from the original location. They must also modify the original location so it is distinguishable from other Buns On Fire restaurants to prevent confusion.
If the franchisee fails to make these alterations promptly, Buns On Fire has the right to enter the premises and make the alterations themselves at the franchisee's expense. The franchisee also acknowledges that failure to make these alterations will cause irreparable injury to Buns On Fire, and consents to a court order allowing Buns On Fire to take action at the franchisee's expense.
Furthermore, the FDD states that the franchisee will be required to sign Buns On Fire's current form of franchise agreement to modify or change locations. The franchisee will also be required to pay a Relocation Fee of $2,500 to Buns On Fire upon the execution of the new Franchise Agreement.