According to the Addendum to Lease, is Buona considered a third-party beneficiary?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Beneficiary. Lessor and Lessee expressly agree that Franchisor is a third-party beneficiary of this Addendum.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, in the Addendum to Lease, Buona is considered a third-party beneficiary. Specifically, the addendum states that the Lessor and Lessee expressly agree to this arrangement. This means Buona has specific rights and benefits outlined in the lease agreement between the Lessor and Lessee.
As a third-party beneficiary, Buona may have the right to enforce certain provisions of the lease, even though they are not a direct party to the original agreement. This could include ensuring the premises are maintained to a certain standard or that the lease terms align with the requirements of the Franchise Agreement. This arrangement protects Buona's interests by ensuring the franchisee's location adheres to brand standards and operational requirements.
This clause is important for prospective Buona franchisees because it demonstrates how Buona protects its brand and operational standards. By being a third-party beneficiary, Buona can intervene if the landlord and franchisee violate the lease terms in a way that negatively impacts the Buona business. Franchisees should understand the implications of this clause and how it affects their responsibilities under the lease and franchise agreements.