Does Buona, its parent, subsidiaries, or affiliates have the right to enter leased premises to make modifications to protect their proprietary marks?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
- Franchisor's Right to Enter. Lessor and Lessee agree that the employees of Franchisor, or its parent, subsidiaries or affiliates, shall have the right to enter the leased premises to make any modifications necessary to protect their proprietary marks.
-
- Retail Radius Restrictions in Lease. Any "retail radius restriction" or similar provision shall not be binding upon nor enforceable against Franchisor, nor shall such provision be enforceable against the Lessee in case Franchisor, its parent, subsidiaries or affiliates open a location within a restricted area.
-
- Assignment. Lessee shall have the right to assign all of its right, title and interest in the Lease to Franchisor or its parent, subsidiary, affiliate, or another franchisee, at any time during the term of the Lease, including any extensions or renewals thereof, without first obtaining Lessor's consent in accordance with the Collateral Assignment of Lease attached hereto as Attachment A (the "Collateral Assignment"). However, no assignment shall be effective until the time as Franchisor or its designated affiliate gives Lessor written notice of its acceptance of the assignment, and nothing contained herein or in any other document shall constitute Franchisor or its designated transferee a
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, Buona, its parent, subsidiaries, or affiliates have the right to enter the leased premises to make modifications necessary to protect their proprietary marks. This is part of the agreement between the Lessor (property owner) and the Lessee (franchisee).
This provision ensures that Buona can maintain brand consistency and protect its trademarks by making necessary changes to the premises. This could include alterations to signage, decor, or other elements that impact the brand's image. The franchisee (Lessee) is also granted the right to display proprietary marks and signs on the interior and exterior of the premises as required by the Franchise Agreement.
Additionally, any retail radius restrictions in the lease will not be binding upon or enforceable against Buona, its parent, subsidiaries, or affiliates. Buona also retains the right to open a location within a restricted area without violating the lease agreement. This clause gives Buona significant flexibility in expanding its brand presence, even if the franchisee's lease contains restrictions that would normally prevent such expansion. This also allows Buona to assign the lease to another franchisee without the Lessor's consent.