What happens if a Buona franchisee fails to maintain the premises to Franchisor's standards?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
s important to Franchisor, Franchisee and other franchisees so as to develop and maintain high and uniform operating standards, to increase the demand for Buona products and services and to protect the reputation and goodwill of Franchisor, the System and the Marks. 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.
- 10.2 System Compliance.
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 of their franchised business to Buona's standards. This includes keeping the business clean, sanitary, and in good repair, meeting governmental standards, and completing renovations as required by Buona.
Buona requires franchisees to make additions, alterations, improvements, repairs, and replacements to the premises, including repainting, repairing or replacing damaged furniture, fixtures and equipment, and replacing obsolete signs as directed by Buona. Franchisees must also meet and maintain the highest governmental standards and ratings applicable to the operation of the franchised business. Additionally, franchisees must complete a full reimaging, renovation, refurbish, and modernization of the franchised business within the timeframe required by Buona, but this is only required once during the term, and not if there is less than one year remaining in the term.
If a Buona franchisee fails to maintain the premises to these standards, they expressly acknowledge that such failure will cause irreparable injury to Buona. Buona can seek an ex parte order from a court to authorize Buona or its agents to take action to make the required alterations at the franchisee's expense. This means Buona can obtain a court order without prior notice to the franchisee, allowing them to enter the premises and make the necessary changes to bring it up to standard, with the franchisee bearing the costs.