Does the Buona system remain static, or does it change to meet unforeseen circumstances?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee understands and agrees that the System must not remain static if it is to meet, without limitation, presently unforeseen changes in technology, competitive circumstances, demographics, populations, consumer trends, societal trends and other marketplace variables, and if it is to best serve the interests of Franchisor, Franchisee and all other franchisees.
Accordingly, Franchisee expressly understands and agrees that Franchisor may from time to time change the components of the System including but not limited to altering the products, programs, services, methods, standards, forms, policies and procedures of the System; abandoning the System altogether in favor of another system in connection with a merger, acquisition, other business combination or for other reasons; adding to, deleting from or modifying those products, programs and services that the Franchised Restaurant is authorized and required to offer; modifying or substituting entirely the building, premises, equipment, signage, trade dress, décor, color schemes and uniform specifications and all other unit construction, design, appearance and operation attributes that Franchisee is required to observe under this Agreement; and changing, improving, modifying, or substituting other words or designs for, the Marks.
Franchisee expressly agrees to comply with any such modifications, changes, additions, deletions, substitutions and alterations; provided, however, that such changes shall not materially and unreasonably increase Franchisee's obligations hereunder.
Franchisee will accept, use and effectuate any such changes or modifications to, or substitution of, the System as if they were part of the System at the time that this Agreement was executed.
Source: Item 22 — CONTRACTS (FDD page 78)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, the franchise agreement acknowledges that the Buona system must evolve to address changes in technology, competition, demographics, consumer trends, and other market variables. Buona retains the right to modify the system's components, including products, programs, services, methods, standards, forms, policies, and procedures. They can also abandon the current system for another in the event of a merger, acquisition, or other business combination.
Buona can modify or substitute products, programs, and services that the franchised restaurant is authorized to offer. Additionally, they can modify or substitute the building, premises, equipment, signage, trade dress, décor, color schemes, uniform specifications, and all other unit construction, design, appearance, and operation attributes. Buona also has the right to change, improve, modify, or substitute other words or designs for the marks.
As a Buona franchisee, you expressly agree to comply with any such modifications, changes, additions, deletions, substitutions, and alterations, provided that these changes do not materially and unreasonably increase your obligations. You are expected to accept, use, and implement any changes or modifications to the system as if they were part of the system when the agreement was executed. This clause ensures that the Buona system can adapt to market changes and remain competitive, while also setting a limit on changes that would unduly burden franchisees.