factual

What documents must a Buona franchisee submit to the franchisor for site evaluation?

Buona Franchise · 2025 FDD

Answer from 2025 FDD Document

Prior to entering into a lease for a site, Franchisee must submit to Franchisor a site evaluation form for the proposed site, together with a letter of intent, proposed lease, or other evidence satisfactory to Franchisor which confirms Franchisee's favorable prospects for obtaining the proposed site.

Franchisor in its discretion shall determine what factors it will consider in approving or disapproving a site, including but not limited to characteristics of the location and premises and financial terms of the proposed purchase agreement or lease.

In the event that Franchisee proposes to lease the proposed site from an affiliated entity, or an entity that includes any member or shareholder of the Franchisee business entity as a member or shareholder, Franchisor may be required to submit a proforma and/or draft lease to Franchisor before a determination is made by Franchisor regarding approval of the site.

Franchisee or the affiliated entity shall not secure financing or purchase the property until the site has been approved by Franchisor.

Franchisor will provide Franchisee written notice of approval or disapproval of the proposed site within thirty (30) days after receiving Franchisee's written proposal and all required documents.

Franchisee must obtain Franchisee's written approval of a proposed site before entering into a lease.

Franchisee must have a proposed site approved by Franchisor within nine (9) months of the date of the execution of this Agreement.

Franchisor has the unilateral right (but not the obligation) to terminate the Agreement upon delivery of notice to Franchisee if Franchisee has not obtained Franchisor's written approval of a site for the Franchised Business within time frames described above.

Source: Item 23 — RECEIPTS (FDD pages 78–356)

What This Means (2025 FDD)

According to Buona's 2025 Franchise Disclosure Document, before a franchisee can enter into a lease for a site, they must first submit a site evaluation form to Buona for the proposed location. This submission must also include a letter of intent, a proposed lease, or other evidence that Buona finds satisfactory, confirming the franchisee's prospects for securing the proposed site.

Buona has the discretion to determine the factors it will consider when approving or disapproving a site. These factors include the characteristics of the location and premises, as well as the financial terms of the proposed purchase agreement or lease. If the franchisee intends to lease the proposed site from an affiliated entity, Buona may require the franchisee to submit a proforma and/or draft lease for review before making a decision on the site's approval.

The franchisee or their affiliated entity is not allowed to secure financing or purchase the property until Buona has approved the site. Buona will provide written notice of approval or disapproval within 30 days of receiving the franchisee's written proposal and all required documents. The franchisee must obtain written approval of a proposed site before entering into a lease and must have a proposed site approved by Buona within nine months of the date of the execution of the Franchise Agreement. Buona has the right to terminate the agreement if the franchisee does not obtain written approval of a site within the specified time frame.

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.