What is the Buona franchisee required to do before using any Improvements they develop for the System?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
(a) Franchisee shall maintain, at all times during the Term, at Franchisee's expense, the premises of the Franchised Business and all fixtures, furnishings, signs, systems and equipment, in conformity with Franchisor's high standards and public image and to make such additions, alterations, improvements, repairs, and replacements (but no others, without Franchisor's prior written consent) as may be required by Franchisor from time to time, including but not limited to the following, at Franchisee's sole cost and expense:
i.
To keep the Franchised Business in the highest degree of cleanliness, sanitation and repair, including but not limited to such periodic repainting, repairs or replacement of damaged or obsolete, furniture, fixtures and equipment, and replacement of obsolete signs, as Franchisor may reasonably direct;
- ii.
To meet and maintain the highest governmental standards and ratings applicable to the operation of the Franchised Business; and
- iii.
For the Franchised Business to be able to offer new products or services or to permit the Franchised Business to operate more efficiently.
- (b) In addition to the maintenance described in (a) above, Franchisee must complete a full reimaging, renovation, refurbish and modernization of the Franchised Business, within the time frame required by Franchisor, including the building design, parking lot, landscaping, equipment, point of sale system, signs, interior and exterior decor items, fixtures, furnishings, trade dress, color scheme, presentation of trademarks and service marks, supplies and other products and materials, to meet the then-current design criteria for Buona Businesses, including but not limited to such structural changes, remodeling and redecoration and such modifications to existing improvements as may be necessary to do so (a "Franchised Business Renovation").
Franchisee shall only be required to conduct a Franchised Business Renovation once during the Term and shall not be required to perform a Franchised Business Renovation if there is less than one (1) year remaining in the Term.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
Based on the 2025 FDD, a Buona franchisee needs to obtain prior written consent from Buona before making any additions, alterations, improvements, repairs, and replacements to the franchised business. This requirement ensures that all changes align with Buona's standards and public image.
This stipulation covers various aspects of the business premises, including fixtures, furnishings, signs, systems, and equipment. The franchisee is responsible for maintaining these elements in accordance with Buona's standards and must seek approval before implementing any modifications. This includes keeping the business clean, making necessary repairs, and meeting governmental standards.
Buona also requires franchisees to complete a full renovation of the franchised business within a specified timeframe, encompassing building design, parking lot, equipment, point of sale system, and decor. This renovation must meet the current design criteria for Buona businesses. However, a franchisee is only required to conduct such a renovation once during the term of the agreement and is not required to do so if there is less than one year remaining in the term. This ensures the Buona brand maintains a consistent and updated appearance across all locations.
Overall, these requirements emphasize the importance of maintaining uniformity and quality across all Buona franchises, protecting the brand's reputation and goodwill. Franchisees should be aware of these obligations and factor in the potential costs and time associated with obtaining approvals and completing renovations when considering a Buona franchise.