What is a Buona franchisee required to remove from the former Franchised Business premises after relocation?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) In the event of a relocation of the Franchised Business, Franchisee shall promptly remove from the former Franchised Business premises any and all signs, fixtures, furniture, posters, furnishings, equipment, menus, advertising materials, stationery, supplies, forms and other articles which display any of the Marks and distinctive features or designs associated with the System.
Any articles which display any of the Marks or any distinctive features or designs associated with the System which are not used by Franchisee at the new Franchised Business location shall be disposed of by Franchisee as directed by Franchisor following notice to Franchisor to the effect such articles will not be used at the new Franchised Business.
Furthermore, Franchisee shall, at Franchisee's expense, immediately make such modifications or alterations as may be necessary to distinguish the former Franchised Business premises so clearly from its former appearance and from other Franchised Businesss so to prevent any possibility of confusion by the public (including, without limitation, removal of all distinctive physical and structural features identifying Franchised Businesss and removal of all distinctive signs and emblems).
Franchisee shall, at Franchisee's expense, make such specific additional changes as Franchisor may reasonably request for this purpose.
If Franchisee fails to initiate immediately or complete such alterations within such period of time as Franchisor deems appropriate, Franchisee agrees that Franchisor or its designated agents may enter the premises of the former Franchised Business and adjacent areas at any time to make such alterations as Franchisor deems appropriate to distinguish Franchisee's former Franchised Business premises, without liability for trespass.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, if a franchisee relocates their Buona restaurant, they are required to remove specific items from the former premises. This includes any and all signs, fixtures, furniture, posters, furnishings, equipment, menus, advertising materials, stationery, supplies, forms, and other articles that display any of Buona's marks and distinctive features or designs associated with their system.
Furthermore, any articles displaying Buona's marks or distinctive designs that the franchisee will not use at the new location must be disposed of as directed by Buona. The franchisee is also responsible for making necessary modifications or alterations to the former premises to clearly distinguish it from its previous appearance and from other Buona locations. This includes removing all distinctive physical and structural features and signs to prevent public confusion. Buona may also request specific additional changes for this purpose, at the franchisee's expense.
If the franchisee fails to promptly initiate or complete these alterations, Buona or its agents have the right to enter the former premises to make the necessary changes without liability for trespass. Failure to comply with these requirements can lead to Buona revoking permission for the relocation and declaring a default under the Franchise Agreement. This ensures that the brand's image is protected and that there is no confusion among customers regarding the former location's affiliation with Buona.