What is the Buona franchisee's obligation regarding the refurbishing of the Franchised Business?
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.
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 are responsible for maintaining the premises to meet Buona's standards. This includes regular upkeep, repairs, and replacements of furniture, fixtures, equipment, and signs as directed by Buona. Franchisees must also adhere to the highest governmental standards applicable to their business operations. These maintenance and upgrade obligations ensure that the Franchised Business can offer new products/services or operate more efficiently.
In addition to regular maintenance, franchisees must complete a full renovation, reimage, and modernization of the Franchised Business. This includes updates to the building design, parking lot, landscaping, equipment, point of sale system, signs, interior and exterior decor, fixtures, furnishings, trade dress, color scheme, presentation of trademarks/service marks, supplies, and other materials. These renovations must meet Buona's then-current design criteria and may include structural changes, remodeling, and redecoration.
However, a franchisee is only required to conduct this full Franchised Business Renovation once during the term of their agreement, and they are not required to do so if there is less than one year remaining in the term. This renovation is at the franchisee's sole cost and expense. This obligation does not limit the franchisee's other responsibilities to operate the Franchised Business according to Buona's standards and specifications.