What is the Buona franchisee's obligation regarding the building design of the Franchised Business?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
the complete lease for the premises of the Franchised Business.
- 6.4 Premises Development**.** Prior to obtaining possession of the site for the Franchised Business, Franchisee shall secure all financing required to fully develop the Franchised Business. Promptly after obtaining possession of the site for the Franchised Business, Franchisee will: (i) cause to be prepared and submit for approval by Franchisor a site plan. Franchisor shall then provide basic drawings and specifications, including requirements for dimensions, exterior design, materials, interior layout, equipment, fixtures, furniture, signs, and decorating required for the development of the Franchised Business; Franchisee is required to hire a licensed architect designated by Franchisor and have these drawings and specifications modified by the architect as required, to meet applicable ordinances, building codes or permit requirements (Franchisor must approve any such modifications to the drawings and specifications); and to fit the configuration of the approved site; (ii) obtain all required zoning changes, all required building, utility, health, sanitation and sign permits and any other required permits and licenses; (iii) purchase or lease equipment, fixtures, furniture and signs as hereinafter provided; (iv) complete the construction and/or remodeling, equip, furnish and decorate the Franchised Business in full and strict compliance with plans and specifications approved by Franchisor and all applicable ordinances, building codes and permit requirements; (v) obtain all customary contractors' sworn statements and partial and final waivers of lien for construction, remodeling, decorating and installation services; and (vi) upon completion of construction, furnish Franchisor final costs for the construction, equipment, build-out, deposits, and total development of the Franchised Business. Once the premises of the Franchised Business is established and approved by Franchisor, no changes in the interior or exterior design of the Franchised Business or the equipment or fixtures used within may be made without prior written consent of Franchisor.
- 6.5 Franchisor Consent to Open. Franchisee shall not commence operation of the Franchised Business until: (1) the Franchisee entity has been established in accordance with Section 6.1 herein; (2) the premises of the Franchised Business has been developed in accordance with Section 6.2 herein; (3) Franchisee's Operating Owner and required managers have successfully completed the initial training program, Franchisee has hired the necessary staff of employees, and Franchisee has initiated a training program for its employees; (4) Franchisee has obtained all required certifications and license for operating the Franchised Business; (5) Franchisee has furnished Franchisor with copies of all insurance policies required by Article XII of this Agreement, and (6) Franchisee requests and obtains Franchisor's written consent to open for business. Franchisee must have met the foregoing requirements and opened the Franchised Business within fifteen (15) months of Franchisor's written approval of the site for the Franchised Business. Franchisor has the unilateral right (but not the obligation) to terminate the Agreement upon delivery of notice to Franchisee if it fails to open the Franchised Business with Franchisor's approval within the applicable time periods above.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, franchisees have several obligations regarding the building design of their franchised business. Initially, the franchisee must submit a site plan for approval by Buona. Upon approval, Buona will provide basic drawings and specifications for the building's dimensions, exterior design, materials, interior layout, equipment, fixtures, furniture, signs, and decorating. The franchisee is then required to hire a licensed architect designated by Buona to modify these drawings and specifications to meet local ordinances, building codes, and permit requirements, subject to Buona's final approval of any modifications.
Franchisees are responsible for obtaining all necessary zoning changes, building permits, and other required permits and licenses. They must also purchase or lease the required equipment, fixtures, furniture, and signs. Construction and/or remodeling must be completed in strict compliance with Buona's approved plans and specifications, as well as all applicable local regulations. After construction, the franchisee must furnish Buona with the final costs for construction, equipment, build-out, deposits, and total development of the Franchised Business.
Once the premises are established and approved, franchisees cannot make any changes to the interior or exterior design, equipment, or fixtures without Buona's prior written consent. Additionally, franchisees are required to maintain the premises in conformity with Buona's standards, making necessary additions, alterations, improvements, repairs, and replacements as directed by Buona. Franchisees must also complete a full renovation of the Franchised Business, including the building design, within a timeframe required by Buona, but this is only required once during the term of the franchise agreement, and not if there is less than one year remaining in the term.