factual

What does the California addendum to the Buona Franchise Disclosure Document modify?

Buona Franchise · 2025 FDD

Answer from 2025 FDD Document

The Chicago's Original Italian Beef Franchising LLC Franchise Disclosure Document for use in the State of California is modified in accordance with the following:

    1. ALTHOUGH THESE FRANCHISES HAVE BEEN REGISTERED UNDER THE FRANCHISE INVESTMENT LAW OF THE STATE OF CALIFORNIA, SUCH REGISTRATION DOES NOT CONSTITUTE APPROVAL, RECOMMENDATION OR ENDORSEMENT BY THE COMMISSIONER OF FINANCIAL PROTECTION AND INNOVATION NOR A FINDING BY THE COMMISSIONER THAT THE INFORMATION PROVIDED HEREIN IS TRUE, COMPLETE AND NOT MISLEADING.
    1. SECTION 31125 OF THE FRANCHISE INVESTMENT LAW REQUIRES US TO GIVE TO YOU A DISCLOSURE DOCUMENT IN A FORM CONTAINING THE INFORMATION THAT THE COMMISSIONER MAY BY RULE OR ORDER REQUIRE BEFORE A SOLICITATION OF A PROPOSED MATERIAL MODIFICATION OF AN EXISTING FRANCHISE.
    1. THE CALIFORNIA FRANCHISE INVESTMENT LAW REQUIRES THAT A COPY OF ALL PROPOSED AGREEMENTS RELATING TO THE SALE OF THE FRANCHISE BE DELIVERED TOGETHER WITH THE FRANCHISE DISCLOSURE DOCUMENT.
    1. OUR WEBSITE HAS NOT BEEN REVIEWED OR APPROVED BY THE CALIFORNIA DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION. ANY COMPLAINTS CONCERNING THE CONTENT OF THIS WEBSITE MAY BE DIRECTED TO THE CALIFORNIA DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION at www.dfpi.ca.gov.
    1. Item 3 of the Franchise Disclosure Document on "Litigation" is amended by the addition of the following:
    • Neither Franchisor, nor any person or franchise broker in Item 2 of the FDD is subject to any currently effective order of any national securities association or national securities exchange, as defined in the Securities Exchange Act of 1934, 15 U.S.C.A. 78a et seq., suspending or expelling such persons from membership in such association or exchange.
    1. Item 5 of the Franchise Disclosure Document on Initial Franchise Fee is amended by the addition of the following:
    • The Department has determined that we, the franchisor, have not demonstrated we are adequately capitalized and/or that we must rely on franchise fees to fund our operations. The Commissioner has imposed a fee deferral condition, which requires that we defer the collection of all initial fees from California franchisees until we have completed all of our pre-opening obligations and you are open for business. For California franchisees who sign a development agreement, the payment of the development and initial fees attributable to a specific unit in your development schedule is deferred until that unit is open.
    1. Item 6 of the Franchise Disclosure Document on "Other Fees" is amended by the addition of the following:
    • The maximum annual interest rate in California is 10%.
    1. Item 17 of the Franchise Disclosure Document on "Renewal, Termination, Transfer and Dispute Resolution" is amended by the addition of the following:

Source: Item 22 — CONTRACTS (FDD page 78)

What This Means (2025 FDD)

According to Buona's 2025 Franchise Disclosure Document, the addendum for California modifies the standard Franchise Disclosure Document.

Specifically, the addendum states that registration in California does not constitute endorsement by the Commissioner of Financial Protection and Innovation. It also mandates that Buona provide a disclosure document before soliciting any material modification of an existing franchise, and that all proposed agreements related to the sale of the franchise must be delivered with the FDD. The addendum clarifies that the California Department of Financial Protection and Innovation has not reviewed or approved Buona's website.

Furthermore, the addendum amends Item 3 regarding litigation, confirming that neither Buona nor its brokers are subject to any orders from national securities associations or exchanges. Item 5, concerning the initial franchise fee, is also modified, deferring the collection of initial fees from California franchisees until pre-opening obligations are met and the business is open. For franchisees with a development agreement, payment of development and initial fees is deferred until the specific unit is open. Item 6 is amended to state that the maximum annual interest rate in California is 10%. Finally, Item 17, which covers renewal, termination, transfer, and dispute resolution, is also modified, though the specifics of that modification are not detailed in the provided excerpt.

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.