Under what condition is a modification to the Buona Franchise Agreement valid?

According to Buona's 2025 Franchise Disclosure Document, the terms and conditions of each Franchise Agreement dictate the establishment and operation of the Buona Restaurant. An addendum to the Franchise Agreement will be entered into to incorporate terms of the Development Agreement relating to payments due under each Franchise Agreement. The Franchise Agreement will be in the form being offered by Buona at the time of execution, which may differ from the form being offered on the date of execution of the Development Agreement.

This means that while the Development Agreement sets the stage for the overall relationship, the specifics of each Buona restaurant's operation are governed by its individual Franchise Agreement. The form of the Franchise Agreement that is current at the time it is signed will be the one that applies, not necessarily the one that was in place when the Development Agreement was initially signed.

For a prospective Buona franchisee, this highlights the importance of carefully reviewing the Franchise Agreement presented at the time of signing for each location. The franchisee should pay close attention to any changes from earlier versions and understand how those changes might affect their rights and obligations. The addendum ensures that payment terms from the Development Agreement are incorporated into each Franchise Agreement, providing a degree of consistency in financial obligations.