What is the Buona franchisee's obligation regarding the maintenance of the Franchised Business?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
Accordingly, Franchisee agrees that:
(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.
Nothing herein shall be deemed to limit Franchisee's other obligations during the Term to operate the Franchised Business in accordance with Franchisor's standards and specifications for the System including but not limited to the obligations set forth in this Article X.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, franchisees have specific obligations to maintain and renovate their franchised businesses. Buona requires franchisees to maintain the premises, fixtures, furnishings, signs, systems, and equipment to meet the franchisor's standards and public image. This includes making necessary additions, alterations, improvements, repairs, and replacements at the franchisee's expense. However, franchisees need prior written consent from Buona for any changes beyond regular maintenance.
The maintenance requirements include keeping the business clean, sanitary, and in good repair, which involves periodic repainting, repairing or replacing damaged or obsolete furniture, fixtures, and equipment, and replacing obsolete signs as directed by Buona. Franchisees must also meet and maintain the highest governmental standards applicable to their operations. Additionally, the franchised business should be able to offer new products or services and operate more efficiently.
Beyond regular maintenance, Buona franchisees must also complete a full reimaging, renovation, refurbishment, and modernization of the franchised business within a timeframe required by Buona. This renovation includes 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 materials. The renovation must meet the current design criteria for Buona businesses, potentially involving structural changes, remodeling, and redecoration. A franchisee is only required to conduct this full renovation once during the term of the franchise agreement, and is not required to do so if there is less than one year remaining in the term.