Does the Buona franchise agreement allow for court modification of the non-competition restrictions?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
- 9.3 Court Modification of Agreement**.** You agree that this form of Agreement is prepared for use in many jurisdictions with differing public policies and that such public policies change. Accordingly, you agree that the prevailing non-competition restrictions set forth above may be modified by a Court to the extent necessary to make the non-competition agreements valid and enforceable against you.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, the franchise agreement allows for court modification of the non-competition restrictions. The agreement acknowledges that it is designed for use across various jurisdictions with differing and evolving public policies.
Specifically, the agreement states that the non-competition restrictions can be modified by a court. This modification would only occur to the extent necessary to ensure the non-competition agreements are valid and enforceable against the franchisee.
This clause provides a degree of flexibility, recognizing that strict enforcement of the original terms might not be possible or appropriate in all locations. It aims to strike a balance between protecting Buona's interests and ensuring the franchisee is not subject to unduly burdensome restrictions that a court would deem unenforceable.