Is Buona obligated to provide opening assistance to franchisees?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
ining fees for such Additional Training, plus any travel and living expenses incurred by Franchisor's representative if travel to Franchisee's location is necessary to conduct such Additional Training.
IX. DUTIES OF FRANCHISOR
- 9.1 Continuing Advisory Assistance. Franchisor will make available to Franchisee such continuing advisory assistance in the operation of the Franchised Business, in person or by electronic or written communications made available from time to time as Franchisor deems advisable.
- 9.2 Pre-Opening Assistance. Franchisor, in its sole discretion, may provide opening assistance to Franchisee at the Franchised Business, including but not limited to the following:
- (a) Provide Franchisee with lists of designated and approved suppliers and other standards and specifications for purchasing initial furniture, fixtures, equipment, products, materials and supplies necessary for commencement of operations and guidance for ordering same;
- (b) Provide location research and site selection assistance and guidance, including real estate and demographic analysis, as Franchisor deems advisable, subject to the availability of Franchisor's personnel. However, the selection of a site for the Approved Location is the sole responsibility of Franchisee;
- (c) Provide typical floor plans and site build-out specifications for the construction of the Franchised Business; and
- (d) Provide training to Franchisee's owners and managerial employees as set forth in Article VIII of this Agreement.
- 9.3 Standard Plans and Specifications. Franchisor will make available to Franchisee standard plans and specifications to be utilized only in the construction of the Franchised Business. The standard plans and specifications will be initially provided in the Manuals. 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.
- 9.4 Uniformity; Suppliers.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, Buona has some obligations regarding opening assistance, but retains discretion over the extent of that assistance. Buona will make continuing advisory assistance available to the franchisee in the operation of the franchised business through various communication methods as Buona deems advisable.
Buona may provide opening assistance to the franchisee at the franchised business at its sole discretion. This assistance may include providing lists of designated and approved suppliers, location research and site selection assistance, typical floor plans and site build-out specifications, and training to the franchisee's owners and managerial employees. However, the selection of a site for the approved location remains the sole responsibility of the franchisee.
Furthermore, Buona representatives may provide on-site training and opening assistance to the franchisee, managers, and employees before and after the opening date. The length of this on-site training will be determined by Buona as necessary for the proper opening and initial operation of the franchised business. The franchisee is responsible for paying an on-site training fee, including a non-refundable deposit of $20,000 upon the execution of the agreement, as well as travel expenses incurred by Buona's representatives. The balance of the training fee is due upon completion of the on-site training, as determined by Buona, and is also non-refundable.