What modifications or alterations are required to the former Buona Franchised Business premises after relocation?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
) Franchisor shall also have the right to require Franchisee to upgrade the relocated Franchised Business to conform to Franchisor's then current image, standards, and specifications for construction and equipment for all new Franchised Businesses.
- (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 Businesss so to prevent any possibility of confusion by the public (including, without limitation, removal of all distinctive physical and structural features identifying Franchised Businesss 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. Franchisee expressly acknowledges that failure to make such alterations will cause irreparable injury to Franchisor and hereby consents to entry, at Franchisee's expense, of any ex parte order by any court of competent jurisdiction authorizing Franchisor or its agents to take such action, if Franchisor seeks such an order.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, if a franchisee relocates their Buona restaurant, they must modify the former premises to clearly differentiate it from its previous appearance and from other Buona locations. This is to prevent any public confusion.
The franchisee is responsible for the expense of these modifications and alterations. These changes include removing all distinctive physical and structural features that identify it as a Buona, as well as removing all distinctive signs and emblems. Buona has the right to request specific additional changes for this purpose, and the franchisee must comply.
If the franchisee fails to promptly initiate or complete these alterations within a timeframe that Buona deems appropriate, Buona or its agents can enter the former premises to make the necessary alterations. This can be done without liability for trespass, and the franchisee will bear the expense.
Compliance with these alteration requirements is a condition for Buona's approval of the relocation request. If the franchisee does not properly and completely de-identify the former premises, Buona can revoke its permission for the relocation and declare a default under the Franchise Agreement. Franchisees should be prepared to budget for these potential expenses when considering a relocation.