Who is responsible for the costs associated with additions, alterations, improvements, repairs, and replacements required by Buona for the Franchised Business?
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.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, the franchisee is responsible for the expenses related to maintaining and updating the Franchised Business premises. Throughout the term of the franchise agreement, the franchisee must maintain the premises, including all fixtures, furnishings, signs, systems, and equipment, to meet Buona's standards. This maintenance is at the franchisee's expense.
The franchisee is obligated to make necessary additions, alterations, improvements, repairs, and replacements as required by Buona. These include keeping the business clean and well-repaired, meeting governmental standards, and updating the business to offer new products or services or to improve efficiency. These changes are at the franchisee's sole cost and expense.
Additionally, the franchisee is required to complete a full renovation of the Franchised Business, including updates to the building design, parking lot, landscaping, equipment, point of sale system, signs, interior and exterior decor, fixtures, furnishings, trade dress, color scheme, and presentation of trademarks. This renovation must meet the current design criteria for Buona Businesses and may include structural changes and remodeling. However, a Franchised Business Renovation is only required once during the term, and not if there is less than one year remaining in the term.