Can the Buona manual be modified by the franchisor?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall operate the Franchised Business, and use the Marks and the System in connection with the Franchised Business, as the Marks and the System may be modified, improved and developed by Franchisor from time to time, only in accordance with the terms and conditions of this Agreement.
Franchisee shall use its best efforts to develop and promote the Franchised Business.
The standard plans and specifications will be initially provided in the Manual.
No modification to or deviations from the standard plans and specifications may be made without the written consent of Franchisor.
Franchisee shall obtain, at its expense, further qualified architectural and engineering services to prepare surveys, site and foundation plans, and to adapt the standard plans and specifications to applicable local or state laws, regulations or ordinances.
Franchisee shall bear the cost of preparing plans containing deviations or modifications from the standard plans.
Franchisee understands that the Manual is loaned to Franchisee, and that at all times, the Manual remains the sole property of Franchisor.
The Manual may be provided in printed or electronic form and Franchisee agrees to return any printed copies of the Manual to Franchisor or destroy any files containing the Manual upon the termination of this Agreement or at times as may otherwise be directed by Franchisor.
Franchisee shall not copy or otherwise duplicate the Manual or any other proprietary materials without Franchisor's consent.
The Manual may contain both mandatory as well as certain optional or advisory terms which Franchisor includes as a convenience to Franchisee and to assist in the operation of the Franchised Business as Franchisee deems appropriate in its business judgment.
Franchisee must comply with all mandatory specifications, standards, and procedures set forth in the Manual.
Source: Item 23 — RECEIPTS (FDD pages 78–356)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, the franchisor has the right to modify, improve, and develop the system, which includes the manual. The franchisee is obligated to operate their Buona Business in accordance with these changes. This means Buona can update its operational guidelines, standards, and procedures as it deems necessary to maintain the quality and consistency of the brand.
Buona retains ownership of the manual, emphasizing its control over the brand's operational standards. Franchisees receive the manual on loan and must return or destroy any copies upon termination of the franchise agreement or when directed by Buona. Franchisees are prohibited from copying or duplicating the manual without Buona's consent, highlighting the confidential nature of the information contained within.
While the manual may contain optional or advisory terms, franchisees must comply with all mandatory specifications, standards, and procedures outlined in the manual. This ensures uniformity across all Buona franchise locations and helps maintain the brand's reputation. Buona's ability to modify the manual allows it to adapt to changing market conditions, customer preferences, and industry best practices, which can benefit the entire franchise system.
Furthermore, franchisees cannot make modifications to the standard plans and specifications initially provided in the manual without written consent from Buona. This restriction ensures that the physical layout and design of each franchise location align with the brand's standards, contributing to a consistent customer experience. While franchisees may need to adapt these plans to local regulations, any deviations require Buona's approval, reinforcing the franchisor's control over the brand's image and operational consistency.