What is Buona's Assignor agreeing to regarding modifications to the Lease without the Assignee's written consent?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
Following Franchisor's approval of the Lease, Lessor and Lessee agree not to terminate prior to the end of the Lease term, or in any way amend or alter the terms of this Lease without Franchisor's prior written consent. Any attempted termination, alteration or amendment shall be null and void and have no effect as to Franchisor's interests thereunder.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, the Lessor and Lessee (the Assignor in this case) agree not to terminate the lease prior to its end date, or in any way amend or alter the terms of the lease, without Buona's prior written consent. Any attempt to terminate, alter, or amend the lease without Buona's consent will be considered null and void, and will have no effect on Buona's interests.
This provision protects Buona's interests by ensuring that the lease terms remain consistent and predictable throughout the franchise term. This is particularly important for maintaining brand standards and operational consistency across all Buona locations. By requiring its consent for any lease modifications, Buona retains control over the physical premises of the franchise, which can impact the customer experience and overall brand image.
For a prospective Buona franchisee, this clause means that they cannot independently negotiate changes to their lease agreement without involving Buona. While this may seem restrictive, it also provides a level of security, as Buona's involvement can help ensure that any lease modifications are in the franchisee's best interest and align with the overall franchise agreement. Franchisees should maintain open communication with Buona regarding any lease-related issues or desired modifications to ensure a smooth and compliant operation.