Under what conditions can the Buona franchisor enter the premises and operate the franchised business?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Franchisor's Right to Enter. Lessor and Lessee agree that the employees of Franchisor, or its parent, subsidiaries or affiliates, shall have the right to enter the leased premises to make any modifications necessary to protect their proprietary marks.
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- Retail Radius Restrictions in Lease. Any "retail radius restriction" or similar provision shall not be binding upon nor enforceable against Franchisor, nor shall such provision be enforceable against the Lessee in case Franchisor, its parent, subsidiaries or affiliates open a location within a restricted area.
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- Assignment. Lessee shall have the right to assign all of its right, title and interest in the Lease to Franchisor or its parent, subsidiary, affiliate, or another franchisee, at any time during the term of the Lease, including any extensions or renewals thereof, without first obtaining Lessor's consent in accordance with the Collateral Assignment of Lease attached hereto as Attachment A (the "Collateral Assignment"). However, no assignment shall be effective until the time as Franchisor or its designated affiliate gives Lessor written notice of its acceptance of the assignment, and nothing contained herein or in any other document shall constitute Franchisor or its designated transferee a party to the Lease, or guarantor thereof, and shall not create any liability or obligation of Franchisor
Source: Item 23 — RECEIPTS (FDD pages 78–356)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, employees of Buona, its parent company, subsidiaries, or affiliates have the right to enter the leased premises to make modifications necessary to protect their proprietary marks. This condition is part of an agreement between the lessor and lessee, ensuring Buona can safeguard its brand identity.
This clause is typically included in franchise agreements to allow the franchisor to maintain brand standards and uniformity across all locations. By retaining the right to enter the premises and make necessary modifications, Buona can ensure that the franchisee adheres to the established brand guidelines and protects the integrity of the proprietary marks. This is particularly important for maintaining a consistent customer experience and upholding the brand's reputation.
Additionally, the lease agreement specifies that any retail radius restrictions shall not be binding upon or enforceable against Buona. Buona also has the right to assign the lease to another franchisee without the lessor's consent, according to the Collateral Assignment. However, no assignment shall be effective until Buona gives the lessor written notice of its acceptance of the assignment. These provisions provide Buona with flexibility in managing its franchise network and ensuring business continuity.