Under what conditions can Buona withhold consent for a franchisee to use non-conforming items?
Buona Franchise · 2025 FDDAnswer from 2025 FDD Document
s uniformly maintained, and Franchisee shall refrain from any deviation from such methods, standards and specifications, and shall refrain from otherwise operating in any manner which reflects adversely on Franchisor's name and goodwill or on the Marks or the System. In connection therewith, Franchisee agrees as follows:
- (a) To maintain in sufficient supply, and use at all times, only such ingredients, products, materials, supplies, and paper goods that conform to Franchisor's standards and specifications, and to refrain from deviating from such standards and specifications by using nonconforming items, without Franchisor's prior written consent, which Franchisor may withhold in its sole discretion;
Source: Item 23 — RECEIPTS (FDD pages 78–356)
What This Means (2025 FDD)
According to Buona's 2025 Franchise Disclosure Document, Buona may withhold consent, in its sole discretion, for a franchisee to use ingredients, products, materials, supplies, and paper goods that do not conform to Buona's standards and specifications. This means a franchisee cannot deviate from the standards set by Buona without obtaining prior written consent from the franchisor.
This requirement ensures that all Buona locations maintain a consistent level of quality and uniformity, which is crucial for protecting the brand's reputation. Franchisees must adhere strictly to the approved standards and specifications for all items used in the business. This includes refraining from using any non-conforming items unless they have received explicit written permission from Buona.
The franchisee also cannot deviate from Buona's standards and specifications for preparing, serving, or selling menu items without prior written consent from Buona, which Buona may withhold at its discretion. This reinforces the importance of adhering to the franchisor's established methods and standards to maintain consistency across all franchise locations. Franchisees need to be aware that any deviation from these standards without approval could result in a breach of the franchise agreement.
Overall, these stipulations emphasize Buona's control over the quality and consistency of its brand. For a prospective franchisee, this means a commitment to following the franchisor's guidelines meticulously and seeking approval for any proposed changes to products, ingredients, or service methods.