Regarding the lease addendum for a Buona franchise, can the terms of the lease be amended without a written agreement signed by all parties?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Amendments. No amendment or variation of the terms of the Lease or this Addendum to the Lease shall be valid unless made in writing and signed by the parties hereto.
Source: Item 23 — RECEIPTS (FDD pages 78–356)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, any changes to the lease or its addendum must be documented in writing and signed by all parties involved to be considered valid. This requirement ensures that all parties, including the lessor, lessee (franchisee), and Buona, are in agreement on any modifications made to the original lease terms. This protects Buona's interests as a third-party beneficiary.
Buona maintains a vested interest in the lease agreement, as the franchisor needs to protect its brand and ensure the franchisee operates according to the franchise agreement. Requiring written consent for any lease amendments gives Buona oversight and control over changes that could impact the franchisee's ability to operate the business. This also prevents the landlord and franchisee from making changes that could negatively affect Buona without their knowledge or consent.
This provision is typical in franchise agreements where the franchisor has a vested interest in the franchisee's location. By requiring written consent, Buona can ensure that the lease terms remain favorable for the operation of the franchise and that its brand standards are maintained. A prospective franchisee should understand that they cannot independently negotiate changes to their lease without involving and obtaining written approval from Buona.