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What happens to Buona's obligations under the franchise agreement if it assigns the agreement and the assignee assumes all obligations?

Buona Franchise · 2025 FDD

Answer from 2025 FDD Document

However, no assignment will be made except to an assignee who in good faith and judgment of the franchisor, is willing and financially able to assume the franchisor's obligations under the Franchise Agreement.

Source: Item 22 — CONTRACTS (FDD page 78)

What This Means (2025 FDD)

According to Buona's 2025 Franchise Disclosure Document, Buona can assign the Franchise Agreement to another party if that party is willing and financially able to take on Buona's obligations under the agreement. This means that Buona is not free to simply transfer its responsibilities to just anyone; they must ensure the assignee is capable of fulfilling the terms of the agreement.

For a prospective franchisee, this clause offers some protection. It suggests that if Buona were to be acquired or undergo a significant change in ownership, the new entity would need to demonstrate the financial stability and willingness to uphold the existing franchise agreements. This can provide a degree of assurance that the franchisee's investment and the terms of their agreement will be honored, even if the parent company changes hands.

However, the FDD does not specify the exact criteria Buona uses to determine whether an assignee is "willing and financially able." A prospective franchisee should seek clarification from Buona regarding these criteria to understand the standards any potential assignee would have to meet. This information would help the franchisee assess the likelihood of a smooth transition should Buona ever decide to assign the Franchise Agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.