Is the onsite presence of a Buona representative required when opening a relocated Franchised Business, and if not, what is the process for requesting a waiver?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee may not open a relocated Franchised Business without the onsite presence of Franchisor's representative, unless a waiver is requested in writing by Franchisee and approved in writing by Franchisor.
Even if the aforementioned request and approval are granted, Franchisee must obtain Franchisor's written authorization, in its sole discretion, of the specific date that the Franchised Business may open.
In the event of relocation, the parties will enter into an agreement which will set forth the new location for Franchisee's Franchised Business and a deadline by which Franchisee must open for business at the new location, after which time Franchisee will be obligated to resume paying the royalty and Marketing Fund Contributions whether or not the new location has opened for business.
Until such time that the new location is open for business, the amount of the royalty and Marketing Fund Contribution will be based on the Franchisee's average weekly level of Gross Sales during the one-year period prior to closing the first Franchised Business.
Any such relocation shall be at Franchisee's sole expense, and shall not be undertaken without Franchisor's prior written consent.
Franchisee shall pay to Franchisor a relocation fee in the amount of fifty percent (50%) of the then-current Initial Franchise Fee to cover Franchisor's services and associated costs in connection with such relocation, including those related to (i) reviewing and approving the new location and the construction drawings for the Franchised Business at its new location and (ii) providing additional on-site training and assistance.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, a franchisee may not open a relocated Buona restaurant without the onsite presence of a Buona representative. However, the franchisee can request a waiver of this requirement in writing, and Buona must approve the waiver in writing.
Even if the waiver is granted, the franchisee must still obtain Buona's written authorization, at Buona's sole discretion, for the specific date the relocated restaurant may open. This ensures Buona maintains control over the brand and operational standards even during a relocation.
In the event of relocation, the franchisee will also be required to pay Buona a relocation fee equal to 50% of the then-current Initial Franchise Fee. This fee covers Buona's services and associated costs related to reviewing and approving the new location, construction drawings, and providing additional on-site training and assistance. This fee is in addition to the franchisee's expense for the relocation itself.