Besides modifications permitted unilaterally by Buona, how can the Buona franchise agreement be modified?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
Except for modifications permitted to be made unilaterally by us, this Agreement may be modified only by written agreement signed by both you and us.
- 13.5 Force Majeure**.** Neither you nor the Franchisor will be liable for loss or damage or deemed to be in breach of this Agreement if the failure to perform our respective obligations results from: (1) transportation shortages or inadequate supply of labor, material or energy beyond the control of the parties, or the voluntary foregoing of the right to acquire or use any of the foregoing in order to accommodate or comply with the orders, requests, regulations, recommendations or instructions of any federal, state or municipal government or any department or agency thereof; (2) compliance with any law, ruling, order, regulation, requirement or instruction of any federal, state, or municipal government or any department or agency thereof; (3) acts of God; (4) acts or omissions of the other party; (5) fires, strikes, embargoes, war, riot, acts of terrorism, or pandemic; or (6) any other similar event or cause.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, the franchise agreement can only be modified by a written agreement signed by both the franchisee and Buona, except for modifications that Buona is permitted to make unilaterally. This clause ensures that any changes to the original agreement are mutually agreed upon and documented, providing clarity and legal protection for both parties.
This requirement for written modification is a standard practice in franchising. It prevents misunderstandings or disputes that could arise from verbal agreements or informal communications. By requiring both parties to sign the modification, it ensures that both Buona and the franchisee are fully aware of and consent to the changes.
The FDD also states that the entire agreement between Buona and the franchisee includes the franchise agreement and all its exhibits. It emphasizes that there are no other oral or written understandings or agreements, except those in the Franchise Disclosure Document. This reinforces the importance of the written agreement as the sole source of the contractual obligations and rights of both parties, superseding any prior discussions or representations.