What rights does Buona have regarding upgrades to a relocated Franchised Business?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor shall also have the right to require Franchisee to upgrade the relocated Franchised Business to conform to Franchisor's then current image, standards, and specifications for construction and equipment for all new Franchised Businesses.
- (c) In the event of a relocation of the Franchised Business, Franchisee shall promptly remove from the former Franchised Business premises any and all signs, fixtures, furniture, posters, furnishings, equipment, menus, advertising materials, stationery, supplies, forms and other articles which display any of the Marks and distinctive features or designs associated with the System.
Any articles which display any of the Marks or any distinctive features or designs associated with the System which are not used by Franchisee at the new Franchised Business location shall be disposed of by Franchisee as directed by Franchisor following notice to Franchisor to the effect such articles will not be used at the new Franchised Business.
Furthermore, Franchisee shall, at Franchisee's expense, immediately make such modifications or alterations as may be necessary to distinguish the former Franchised Business premises so clearly from its former appearance and from other Franchised Businesss so to prevent any possibility of confusion by the public (including, without limitation, removal of all distinctive physical and structural features identifying Franchised Businesss and removal of all distinctive signs and emblems).
Franchisee shall, at Franchisee's expense, make such specific additional changes as Franchisor may reasonably request for this purpose.
If Franchisee fails to initiate immediately or complete such alterations within such period of time as Franchisor deems appropriate, Franchisee agrees that Franchisor or its designated agents may enter the premises of the former Franchised Business and adjacent areas at any time to make such alterations as Franchisor deems appropriate to distinguish Franchisee's former Franchised Business premises, without liability for trespass.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, if a franchisee relocates their Franchised Business, Buona has specific rights regarding upgrades to the new location. Buona has the right to require the franchisee to upgrade the relocated Franchised Business. These upgrades must conform to Buona's current image, standards, and specifications for construction and equipment, aligning the relocated business with all new Franchised Businesses.
In addition to upgrades, the franchisee is responsible for removing all signs, fixtures, furniture, and other articles displaying Buona's marks from the former premises. Any such articles not used at the new location must be disposed of as directed by Buona. The franchisee must also modify the former premises to clearly distinguish it from its previous appearance and other Buona locations to prevent public confusion. This includes removing distinctive physical and structural features and signs.
Furthermore, Buona may request specific additional changes to the former premises at the franchisee's expense to ensure it no longer resembles a Buona restaurant. If the franchisee fails to make these alterations promptly, Buona or its agents may enter the former premises to make the necessary changes without liability for trespass. This ensures that the brand's image is protected even after a franchise location has moved.