What is the Buona franchisee's recourse if the premises are damaged through no fault of their own?
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)
According to Buona's 2025 Franchise Disclosure Document, the franchisee is responsible for maintaining the premises of the franchised business at their own expense throughout the term of the agreement. This includes all fixtures, furnishings, signs, systems, and equipment, ensuring they conform to Buona's standards and public image.
The franchisee is obligated to make necessary additions, alterations, improvements, repairs, and replacements as required by Buona. This encompasses keeping the business clean, sanitary, and in good repair, which includes periodic repainting, repairs, or replacement of damaged or obsolete furniture, fixtures, and equipment, as well as replacing obsolete signs as directed by the franchisor. The franchisee must also meet and maintain the highest governmental standards applicable to the operation of the franchised business.
Additionally, the franchisee is required to complete a full reimaging, renovation, refurbishment, and modernization of the franchised business within a timeframe set 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, and presentation of trademarks and service marks. However, a Franchised Business Renovation is required only once during the term, and not if there is less than one year remaining in the term. These obligations apply regardless of the cause of damage, meaning even if the damage is through no fault of their own, the franchisee bears the responsibility for repairs and maintenance.