What is the franchisee's responsibility regarding articles displaying Buona's marks that are not used at the new Franchised Business location?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) In the event of a relocation of the Franchised Business, Franchisee shall promptly remove from the former Franchised Business premises any and all signs, fixtures, furniture, posters, furnishings, equipment, menus, advertising materials, stationery, supplies, forms and other articles which display any of the Marks and distinctive features or designs associated with the System.
Any articles which display any of the Marks or any distinctive features or designs associated with the System which are not used by Franchisee at the new Franchised Business location shall be disposed of by Franchisee as directed by Franchisor following notice to Franchisor to the effect such articles will not be used at the new Franchised Business.
Furthermore, Franchisee shall, at Franchisee's expense, immediately make such modifications or alterations as may be necessary to distinguish the former Franchised Business premises so clearly from its former appearance and from other Franchised Businesses so to prevent any possibility of confusion by the public (including, without limitation, removal of all distinctive physical and structural features identifying Franchised Businesses and removal of all distinctive signs and emblems).
Franchisee shall, at Franchisee's expense, make such specific additional changes as Franchisor may reasonably request for this purpose.
If Franchisee fails to initiate immediately or complete such alterations within such period of time as Franchisor deems appropriate, Franchisee agrees that Franchisor or its designated agents may enter the premises of the former Franchised Business and adjacent areas at any time to make such alterations as Franchisor deems appropriate to distinguish Franchisee's former Franchised Business premises, without liability for trespass.
Source: Item 23 — RECEIPTS (FDD pages 78–356)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, if a franchisee relocates their Buona business, they must remove all items displaying Buona's marks and distinctive features from the former location. This includes signs, fixtures, furniture, posters, furnishings, equipment, menus, advertising materials, stationery, supplies, and forms.
For any of these articles that are not going to be used at the new location, the franchisee is required to dispose of them as directed by Buona, but only after notifying Buona that these items will not be used at the new location. This ensures that the brand's image is protected and that these items are not used in a way that could damage the brand or confuse customers.
Furthermore, the franchisee is responsible for modifying the former premises to clearly differentiate it from its previous appearance and from other Buona locations. This includes removing distinctive physical and structural features, signs, and emblems. These modifications are at the franchisee's expense, and Buona may request specific additional changes for this purpose. If the franchisee fails to make these alterations promptly, Buona has the right to enter the premises and make the necessary changes themselves, without liability for trespass, and the franchisee will bear the expense.