What obligation does a Buona franchisee accept regarding the operation of the Franchised Business during the Term?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, franchisees have specific obligations regarding the operation and maintenance of their franchised business during the term of the agreement. Buona requires franchisees to maintain the premises, fixtures, furnishings, signs, systems, and equipment to the franchisor's high standards and public image, all at the franchisee's expense. This includes making necessary additions, alterations, improvements, repairs, and replacements as required by Buona.
Specifically, franchisees must keep the business in a high degree of cleanliness, sanitation, and repair, which includes periodic repainting, repairs, or replacement of damaged or obsolete furniture, fixtures, and equipment, as well as 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 ensure the business can offer new products or services or operate more efficiently.
Buona also requires franchisees to complete a full reimaging, renovation, refurbishment, and modernization of the franchised business within a timeframe set by the franchisor. This renovation includes 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. This is to meet the then-current design criteria for Buona businesses, including structural changes, remodeling, and redecoration. However, a franchisee is only required to conduct such a renovation once during the term, and not if there is less than one year remaining in the term. These obligations do not limit the franchisee's other responsibilities to operate the business according to Buona's standards and specifications.